In what circumstances will a jury consider whether a stun gun or other stun gun was in the possession of a defendant during a sexual assault?

California, United States of America


The following excerpt is from People v. White, E063967 (Cal. App. 2017):

Third, in both encounters, the women either saw defendant carrying a black object or reaching for something in his waistband, and both women thought defendant was carrying a gun. In fact, a stun gun was found in his car, positioned to be easily reachable. The presence of a weapon, including a stun gun, in defendant's possession during these events amply implied to the jury that an illicit act was taking place and that defendant was not only aware of it, but was a participant. (People v. Valdez, supra, 55 Cal.4th at p. 146.)

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