Skip to content
Name: General Principles
Summary

The Court of Appeal agreed with appellant that (1) the trial court prejudicially erred in instructing the jury that lack of consent is not an element of forcible rape, and (2) the trial court prejudicially erred in failing to instruct the jury on all the elements of rape by threat of future retaliation. The court reversed the convictions, vacated the sentence, and remand the matter for possible retrial of the reversed counts.