What is the burden of proving knowledge in a sexual assault case?
MultiRegion, United States of America
The following excerpt is from United States v. Fernandez, 497 F.2d 730 (9th Cir. 1974):
Even if difficulty of proof were relevant, however, proof of the knowledge element in section 111 is not unduly burdensome. Knowledge in this context is
[497 F.2d 747]
not limited to actual knowledge of the fact of the victim's status but also includes knowledge of facts that would lead a reasonable person to believe that the victim was or could be a law enforcement officer. (Cf. Hall v. United States (5th Cir. 1956) 235 F.2d 248; Carter v. United States (5th Cir. 1956) 231 F.2d 232.)10[497 F.2d 747]
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