In this opinion the Third DCA agreed with the First DCAs opinion in People v. Roundtree (2000) 77 Cal. App. 4th 846, and rejected the Fifth DCAs opinion in People v. Vela (1985) 172 Cal. App. 3d 237, and held that the crime of forcible rape could be committed where the victim consents to the initial penetration, but then withdraws her consent during intercourse. Here, assuming that the victims conduct was so equivocal that it could have been interpreted as consent by appellant when he initiated sexual intercourse with her, there was substantial evidence that she withdrew her consent and clearly communicated that fact to appellant. Therefore, appellants conviction for forcible date rape was affirmed.
Case Summaries