What is the impact of a prosecutor's concern for the delicate feelings of a victim in a sexual assault case?
California, United States of America
The following excerpt is from People v. Lopez, 110 Cal.App.3d 1010, 168 Cal.Rptr. 378 (Cal. App. 1980):
It is not uncommon that a prosecutor's concern for the delicate feelings of a victim will produce abbreviated testimony with respect to [110 Cal.App.3d 1019] sexual conduct. Several California cases have addressed issues similar to the one presented here. In People v. Scott (1969) 270 Cal.App.2d 773, 776, 76 Cal.Rptr. 117, and People v. Walls (1978) 85 Cal.App.3d 447, 454, 149 Cal.Rptr. 460, the court concluded that a victim's testimony that sexual intercourse had taken place against her will was sufficient to establish that the crime of rape had been committed. Both courts concluded that if there was any doubt as to whether all of the elements of the offense had been committed, particularly whether penetration occurred, "defendant's
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