What is the test for establishing a corpus delicti in a sexual assault case?

California, United States of America


The following excerpt is from People v. Baltezor, F077646 (Cal. App. 2021):

"The purpose of the corpus delicti rule is to assure that 'the accused is not admitting to a crime that never occurred.' [Citation.] The amount of independent proof of a crime required for this purpose is quite small; we have described this quantum of evidence as 'slight' [citation] 'minimal' [citation]. The People need make only a prima facie showing ' "permitting the reasonable inference that a crime was committed." ' [Citations.] The inference need not be 'the only, or even the most compelling, one ... [but

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need only be] a reasonable one ....' " (People v. Jones (1998) 17 Cal.4th 279, 301-302 (Jones).)

At least one court has held "separate evidence is not required as to each individual count to establish the corpus delicti; rather, evidence that multiple molestations took place will establish the corpus delicti for multiple counts." (People v. Tompkins (2010) 185 Cal.App.4th 1253, 1260 (Tompkins).)

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