What evidence is sufficient to determine whether defendant acted with the requisite intent to sexually gratify himself by penetrating the rectum of a young woman in her bed?

California, United States of America


The following excerpt is from People v. Triggs-Nuñez, C084647 (Cal. App. 2020):

From this evidence, the jury correctly determined defendant acted with the requisite intent. He committed the act at night and in his victim's bed. When penetrating her rectum, defendant did not explain what he was doing or why, and there is no evidence the victim suffered from a medical issue needing attention. While defendant argues the evidence suggests he was checking for redness, we are not convinced. The victim testified it was defendant's touching that made her rectum red, not that the redness prompted the touching. Moreover, the jury was permitted to consider defendant's other charged offenses and his past convictions when determining whether he intended to sexually gratify himself. (See People v. Martinez (1995) 11 Cal.4th 434, 445 [among

Page 8

other circumstances, jury can consider other acts of lewd conduct admitted or charged in the case].)

When assessing the sufficiency of the evidence, we must accept logical inferences the jury might have drawn from the evidence. (People v. Halvorsen, supra, 42 Cal.4th at p. 419.) The fact that defendant committed his acts at night and in the victim's bed and not in a lighted bathroom, dispels any suggestion the defendant penetrated the victim's rectum for medical reasons. Instead, this evidence leads to a more logical inference, especially when considered with defendant's current and past offenses, that defendant penetrated the victim's rectum for the purpose of sexual gratification.

Other Questions


What is the test for a jury to determine whether a defendant committed an intentional act or an intentional failure to do a required act? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
When a criminal defendant challenges the sufficiency of the evidence, what is the standard of review required by the California Court of Appeal to determine whether the evidence is sufficient? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant acted with the indicated motivation and intent to commit acts of hatred or ill will? (California, United States of America)
What is the test for determining whether the evidence at trial is sufficient to establish a violation of the Sexual Harassment Act? (California, United States of America)
What is sufficient evidence to have been sufficient evidence for a jury to find that defendant intentionally poisoned a patient? (California, United States of America)
What is the test for determining whether the evidence presented at trial is sufficient to establish a violation of the Sexual Harassment Act? (California, United States of America)
What is the test for determining whether there is sufficient evidence to support the specific intent prong of a finding of criminal intent? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.