What is the test for determining whether a defendant has committed a sexual assault?
California, United States of America
The following excerpt is from People v. Delvillar, F069224 (Cal. App. 2017):
also 'the facts of the crime in question' (including its motive, its manner of commission, the extent of the defendant's involvement, and the consequences of his acts); we must also consider the defendant's individual culpability in light of his age, prior criminality, personal characteristics, and state of mind." (People v. Crooks (1997) 55 Cal.App.4th 797, 806.)
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