Section 649.49 - Evidence of the Qualifying Crime of Sexual Assault(a) Factors that may be considered as evidence of a sexual assault include, but are not limited to: (1) The perpetrator was prosecuted for the qualifying crime.(2) A report from law enforcement concluding that a sexual assault was committed against the victim.(3) Physical evidence or medical documentation that demonstrates an injury consistent with sexual assault such as sexual assault examination findings.(4) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health provider, stating that the victim is seeking services related to the allegation of sexual assault.(5) A restraining order from a court against the perpetrator of the sexual assault.(6) Other behavior by the victim consistent with sexual assault, as verified by a mental health provider.Cal. Code Regs. Tit. 2, § 649.49
1. New section filed 10-3-2016; operative 1-1-2017 (Register 2016, No. 41). Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Section 13956(b)(3).
1. New section filed 10-3-2016; operative 1/1/2017 (Register 2016, No. 41).