I've been researching this penal code and according to many articles no proof of ejaculation is required. If this information is correct then what EVIDENCE would be enough to convict someone? A DNA test? Witnessses? Solely the victims accusations? I'm confused.
Criminal Defense Attorney
A witness, a videotape, the victim's testimony, and a confession would be the prosecution's ideal evidence (excepting DNA evidence from semen). You are correct, ejaculation is NEVER an element of any sex crime. Sexual intercourse is defined as penile vaginal penetration, however slight, and for however breif a time.
In addition under California Penal Code section 288.7, any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life.
The prosecution has the burden of proof in a criminal case. Anyone charged with a crime is innocent until proven guilty by a judge or a jury. The standard of proof is "beyond a reasonable doubt" that the defendant committed the crime. The "beyond a reasonable doubt" standard basically means that the legal system must prove, without question, that the every act of the defendant was committed by the defendant. For the prosecution to prove a defendant is guilty, the prosecution must meet two requirements: criminal act and intent.
Only relevant evidence can be admitted in court. This means that the evidence must tend to prove something that is required in the case. Not only must it be relevant, but the value of the evidence must be sufficient to make the evidence material.
Evidence can be divided into direct or circumstantial. Direct evidence proves the point without the need to draw any conclusions. Circumstantial evidence requires the jury to draw a conclusion that some relevant fact occurred.
And of the system of classifications divides evidence into two categories: testimonial and real. Testimonial evidence covers what witnesses say under oath or affirmation. Real evidence includes all types of tangible objects.
No proof of ejaculation is required.
You NEED to talk to an experienced criminal defense attorney who handles sex crimes- right away.
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2 lawyers agree
Criminal Defense Attorney
How much evidence is needed to garner a conviction? Enough.
If there were a clear cut answer to that it would make every prosecutor's and defense attorney's job a lot easier. That is probably the most difficult question to answer. I think about this all of the time when my clients are facing many many years if not life in prison.
How much evidence is needed to convict my client? Does the DA have enough? Even in light of my client's innocence....do they have enough evidence? I can never answer that question. That answer is always MAYBE. I cannot tell you what is a jurors head.
There are people convicted all of the time that are innocent. Tread carefully. Hire an experienced criminal defense attorney.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Administrative Law Lawyer
If the testimony of a witness is believed by the jury, that testimony is sufficient to establish the facts that the witness is testifying to. There are some very limited exceptions in the law (and the jury is so instructed) but this is the general rule. More importantly, according to all available social science involving juries, this is the way that human beings engage in fact-finding and credibility determinations.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.