What is the standard of proof in a criminal case involving sexual assault?

• A. Probable cause
• B. Preponderance of the evidence
• C. Clear and convincing evidence
• D. Beyond a reasonable doubt

Answer: (D)

Proof beyond a reasonable doubt is the standard used in criminal prosecutions, including sexual assault. This high bar exists because a conviction can carry serious consequences, such as loss of liberty. The government must prove each essential element of the crime to the jury or judge, and not merely show that the victim’s account is plausible. A reasonable doubt is a real, rational uncertainty about guilt that remains after weighing the evidence and its reasonable inferences; if such doubt exists, the defendant must be acquitted. Other standards apply in different contexts—probable cause relates to the legality of an arrest, preponderance of the evidence is the civil standard that requires proving it’s more likely than not, and clear and convincing evidence sits between civil standards in certain cases—but for criminal cases, the standard is beyond a reasonable doubt.