What factors will the trier of fact consider in determining whether there was intent to sexually assault?

California, United States of America


The following excerpt is from People v. Villanueva, G043825 (Cal. App. 2011):

Moreover, intent is not usually proven by direct evidence (In re Mariah T. (2005) 159 Cal.App.4th 428, 440) but may be inferred from "'all the circumstances, including the charged act . . .'" (People v. Martinez (1995) 11 Cal.4th 434, 445). The trier of fact may also consider "the defendant's extrajudicial statements [citation], other acts of lewd conduct admitted or charged in the case [citations], the relationship of the parties [citation], and any coercion, bribery, or deceit used to obtain the victim's cooperation or to avoid detection [citation]." (Ibid.)

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