What is the test for intent in determining a jury's verdict in a sexual assault case?

California, United States of America


The following excerpt is from People v. Massie, 142 Cal.App.4th 365, 48 Cal.Rptr.3d 304 (Cal. App. 2006):

The intent with which a person acts is rarely susceptible of direct proof and usually must be inferred from facts and circumstances surrounding the offense. ( 21, subd. (a); People v. Pre, supra, 117 Cal.App.4th at p. 420, 11 Cal.Rptr.3d 739.) In reviewing a jury's determination, we view the whole record in a light most favorable to the verdict, drawing all reasonable inferences and resolving all conflicts in support of the jury's verdict. (Id. at p. 421, 11 Cal.Rptr.3d 739.) We must uphold the verdict unless it clearly appears that upon no hypothesis is whatever is there sufficient evidence to support it. (Ibid.)

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