What is the difference between a prosecutor and a defence in a sexual assault case where the prosecution argued that the victim's statements were inconsistent with the facts?

California, United States of America


The following excerpt is from People v. Peterson, 10 Cal.5th 409, 268 Cal.Rptr.3d 56, 472 P.3d 382 (Cal. 2020):

21 Our recent decision in People v. Armstrong, supra , 6 Cal.5th 735, 243 Cal.Rptr.3d 105, 433 P.3d 987, is similarly distinguishable. There, we found misconduct after a prosecutor persuaded the trial court to exclude defense evidence of what the victim said before she was attacked evidence that should have been admitted and then attributed to the victim a different statement nowhere supported in the record. (Id. at pp. 785787, 796797, 243 Cal.Rptr.3d 105, 433 P.3d 987.) The prosecutor here, in contrast, commented only on the admissible evidence and did so accurately.

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