When a defendant makes manifestly and deliberately false statements about the circumstances surrounding the allegation of sexual assault, can they be considered admissions of guilt?
California, United States of America
The following excerpt is from People v. Thibodeaux, B299468 (Cal. App. 2021):
When manifestly and deliberately false statements are made about matters within the defendant's own knowledge and which relate materially to the issue of his guilt or innocence, "[s]uch falsifications cogently evidence consciousness of guilt and suggest that there is no honest explanation for incriminating circumstances, and thus are admissions of guilt. [Citations.]" (People v. Osslo (1958) 50 Cal.2d 75, 93.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a jury to find a defendant guilty of making false statements about sexual assault? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
Is a defendant's silence in the face of allegations of sexual assault admissible as an admission? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
Does a defendant's failure to object to the factual basis of an allegation of sexual assault constitute an admission? (California, United States of America)
In what circumstances will a jury consider whether a stun gun or other stun gun was in the possession of a defendant during a sexual assault? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
