What is the test for determining whether a sexual assault victim is sexually assaulted on a bus?

California, United States of America


The following excerpt is from People v. P.L. (In re P.L.), E070287, E070767 (Cal. App. 2020):

With regard to the second prong, the jury "'" . . . consider[s] such factors as the decreased likelihood of detection, the danger inherent in a victim's foreseeable attempts to escape, and the attacker's enhanced opportunity to commit additional crimes. [Citations.] The fact that these dangers do not in fact materialize does not, of course, mean that the risk of harm was not increased."' [Citation.]" (People v. Vines, supra, 51 Cal.4th at p. 870.)3

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