What is the test for finding that there is sufficient evidence to sustain a charge of sexual assault?

California, United States of America

The following excerpt is from Medoff v. State Bar of Cal., 455 P.2d 800, 71 Cal.2d 535, 78 Cal.Rptr. 696 (Cal. 1969):

In Werner, however, as pointed out by the local administrative committee, there was no legal evidence to sustain the charges; there were merely some suspicious circumstances. Such is not the situation here, where, as hereinabove indicated, there is sufficient evidence to sustain the charges against petitioner. It should be noted incidentally, that it is not required that petitioner's guilt be established by direct evidence. Circumstantial evidence is sufficient. (Utz v. State Bar, 21 Cal.2d 100, 103, 130 P.2d 377.)

Second. What discipline should be imposed?

Under the facts shown herein, petitioner should be disciplined, but we have concluded that a 60-day suspension is adequate.

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