Sufficiency of the Evidence

Sufficiency of the evidence refers to a principle that helps the accusations of a suspect in any kind of case. This process is the standard of reviewing evidence in a criminal conviction pending an appeal with existing evidence.  Without this principle, convictions could be overturned easily. If your case went awry because of this principle you should contact your Bucks County criminal lawyer.

A case that provides the public with a prime example of how this principle works is Commonwealth v. Gonzalez.  This is a tricky case because it involves a cerebral palsy victim and how much of the evidence is sufficient in upholding the sentence.

David Gonzalez was convicted of rape, aggravated indecent assault, and sexual assault. He appealed the case, but because of this principle of “sufficiency of evidence” the conviction stood.  Gonzales and the victim were in a relationship for a few months, and participated in some acts of physical intimacy, but not sex. The victim stated that she did not want to have premarital sex, but Gonzalez put her in a powerless position with her cell-phone, and crutches out of reach. He positioned himself, and her for sexual intercourse. She did not want this happening, and since suffering from cerebral palsy she did not resist, or call out for help, but did tell Gonzales she did not want it happening. The victim testified saying that she did in fact say, “no don’t” and this evidence was enough to support the findings of “forcible compulsion”, thus making it easier for the Pennsylvania Supreme Court to uphold these charges against the defendant Gonzalez.  The case is Commonwealth v. Gonzalez 109 A.3d 711 (Pa. Super 2015).