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Name: People v. Sigur
Case #: C071489
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/09/2015

Consent defense to burglary was not applicable where defendant entered home with minor's permission to engage in sex acts with her without her parent's knowledge. Sigur had a sexual relationship with a 13-year-old minor after meeting her in an Internet chat room. He secretly entered the minor's bedroom to have sex with her several times at the home she lived in with her mother and grandmother. Sigur was convicted of multiple sex offenses as well as nine counts of burglary. As a defense to the burglaries, he claimed the minor consented to his entry into the home. The trial court…

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Name: People v. Andrews
Case #: H039340
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/18/2015

Mayberry defense of good faith belief in consent applies to charge of misdemeanor sexual battery. Andrews was tried on numerous offenses including rape, the lesser included offense of assault with intent to commit rape, and misdemeanor sexual battery. An instruction regarding defendant's good faith belief in consent was given as to the rape and assault with intent to rape charges but not as to the misdemeanor sexual battery charge (People v. Mayberry (1975) 15 Cal.3d 143). The jury acquitted Andrews of the greater sexual offenses, but convicted him of misdemeanor sexual battery as well as several other unrelated felonies. On…

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Name: People v. McEvoy
Case #: A132360
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 04/15/2013

Criminalizing incest between consenting adults does not violate the due process clause of the Fourteenth Amendment. Appellant was charged with various sex offenses. At trial, he presented evidence that the sexual activity between him and his adult sister was consensual. The jury acquitted him of the forcible sex offenses but convicted him of incest and simple assault. The appellate court rejected appellant's contention that under the reasoning of Lawrence v. Texas (2003) 539 U.S. 558, he had a due process right to consensual sex acts with a relative. In Lawrence, the Supreme Court held that a Texas statute forbidding private…

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Name: People v. Morales
Case #: B233796
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 01/02/2013

A defendant who engages in sexual intercourse by impersonating someone other than a married victim's spouse, does not commit rape of an unconscious person within the meaning of Penal Code section 261, subdivision (a)(4). After seeing the victim's boyfriend exit her bedroom late at night, Morales entered the room and, without disclosing his identity, engaged in intercourse with the victim. Realizing Morales was not her boyfriend, the victim screamed and resisted. After an initial attempt to continue, he fled. Morales was convicted of rape of an unconscious person (Pen. Code, § 261, subd. (a)(4)). Held: Reversed. The prosecution argued the…

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Name: People v. Miranda
Case #: B224163
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/18/2011
Subsequent History: opn. mod. on 11/8/2011

The victim's capacity to consent in a sex offense can be established by the jury's assessment of the victim's demeanor. Appellant was convicted of attempted rape, oral copulation, and sexual penetration of his 15-year-old granddaughter who suffered from cerebral palsy. All three convictions were based on the theory that the victim was incapable of giving legal consent to the acts because of a mental disorder or developmental physical disability. The appellate court rejected appellant's contention that insufficient evidence was presented that the victim lacked the capacity to consent due to a mental disorder. No expert testimony on this issue…

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Name: People v. Cordell
Case #: D056302
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/01/2011

An instruction on the defense of mistake of fact as to consent to sexual acts need only be given if the evidence supports a factual scenario where the defense would apply. People v. Mayberry (1975) 15 Cal.3d 143, 155, established a defense when the defendant actually and reasonably believed that the victim consented to charged acts. People v. Williams (1992) 4 Cal.4th 354 clarified when the defense instruction was required. There must be substantial evidence of the subjective component that the defendant honestly and in good faith believed there was consent and the objective component which asks whether the defendant's…

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Name: People v. Soto
Case #: S167531
Court: CA Supreme Court
District CalSup
Opinion Date: 01/20/2011

Consent of the victim is not a defense to aggravated lewd conduct with a child under the age of fourteen years (Pen. Code, sec. 288, subd. (b)(1)). Appellant was convicted of three counts of lewd acts on a child under fourteen years by force, violence, duress, menace, or fear, and nonforcible lewd conduct. On appeal he argued that, as to Penal Code section 288, subdivision (b)(1), the trial court erred by instructing the jury with CALCRIM No. 1111, which, in pertinent part, states, "It is not a defense that the child may have consented to the act." Appellant reasoned that…

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Name: People v. Ireland
Case #: F057896
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/08/2010

In a prosecution for rape, evidence of the defendant's use of a weapon not agreed to by the victim, along with an express or implied threat of harm if the victim does not cooperate, may automatically negate previously given consent to intercourse. On four separate occasions during a three-month period appellant contacted four prostitutes and negotiated for a paid sex act. During each act, he produced a large knife and held it to the woman's neck. Appellant was convicted of four counts of rape with the use of a weapon and sentenced to 25-years-to-life for each offense. On appeal, appellant…

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Name: People v. Tepetitla-Cruz
Case #: E046846
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/22/2010
Subsequent History: review granted 7/28/10 (S182843)

The jury was properly instructed that the defense of consent does not apply to the crime of lewd acts on a minor committed by force. Relying on People v. Cicero (1984) 157 Cal.App.3d 465, appellant argued that consent is a defense to a lewd act on a minor committed by means of force (Pen. Code, § 288, subd. (b)), and that the jury should have been so instructed. The appellate court rejected the argument, finding Cicero unpersuasive. Section 288 was enacted because the Legislature deemed persons under the age of 14 merit special protection from sexual…

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Name: People v. King
Case #: B210909
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/16/2010

Under Evidence Code section 1101, subdivision (b), a prior sexual offense may be admissible to prove intent as to acts currently charged. While employed as a police officer with a school district, appellant stopped a young woman for a minor traffic offense and, under the pretext of a search for weapons, sexually assaulted her. Appellant was convicted of five counts of sexual assault. At trial, evidence had been presented that appellant had previously acted inappropriately with a female student at a school to which he had been assigned. The evidence was offered for the purpose of establishing…

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