What is the test for determining whether a plaintiff has been sexually assaulted?
California, United States of America
The following excerpt is from Roddiscraft, Inc. v. Skelton Logging Co., 212 Cal.App.2d 784, 28 Cal.Rptr. 277 (Cal. App. 1963):
The existence of the conditions upon which the doctrine[212 Cal.App.2d 794] is predicated is usually a question of fact. (Seneris v. Haas, supra, 45 Cal.2d p. 827, 291 P.2d p. 924.) Accordingly, where the evidence is conflicting or subject to different inferences, it is for the jury, under proper instructions, to determine whether each of the conditions necessary to bring into play
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