What is the test for determining whether there is substantial evidence of intent by a jury in a sexual assault case?
California, United States of America
The following excerpt is from People v. Vargas, F073606 (Cal. App. 2018):
Intent is generally proved through circumstantial evidence (People v. Abilez (2007) 41 Cal.4th 472, 508), but, as we shall explain, in this case the jury's special circumstances findings are not supported by substantial evidence of intent and must be reversed.
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