What is the test for determining whether a defendant has committed a sexual assault under the California Penal Code?
California, United States of America
The following excerpt is from People v. Martin, B239366 (Cal. App. 2014):
1. We state the relevant facts consistent with the applicable presumption favoring the judgment. (People v. Hatch (2000) 22 Cal.4th 260, 272 [record viewed in light most favorable to judgment and presuming existence of every fact that could reasonably be deduced from the evidence].)
2. All statutory references are to the Penal Code except as otherwise specified.
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