Can a defendant raise a defense based on the reasonable belief that the victim consented?

California, United States of America


The following excerpt is from People v. Louie, D065964 (Cal. App. 2014):

Generally, for crimes that include an element that the victim did not consent, the defendant may raise a defense based on the defendant's reasonable belief that the victim consented. (People v. Mayberry (1975) 15 Cal.3d 143, 153-155.) A mistaken belief in consent is premised on mistake of fact, which is deemed to negate the basic requirement of wrongful intent that underlies criminal conduct. (Ibid.) The defendant need only raise a reasonable doubt whether he or she had a reasonable belief in consent, and the ultimate burden of persuasion remains on the prosecution to prove the nonexistence of this belief beyond a reasonable doubt. (Id. at p. 157; People v. Howard (1996) 47 Cal.App.4th

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