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Name: In re John Z.
Case #: C036210
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/30/2001
Subsequent History: Rev. granted 2/20/02: S103427

In this opinion the Third DCA agreed with the First DCA’s opinion in People v. Roundtree (2000) 77 Cal. App. 4th 846, and rejected the Fifth DCA’s 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 victim’s 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, appellant’s conviction for forcible date rape was affirmed.