Does a defendant have to produce evidence that the alleged victim consented to sexual intercourse with him?

California, United States of America


The following excerpt is from People v. Raygoza, H038662 (Cal. App. 2014):

8. In People v. Solis, supra, 172 Cal.App.3d 877, a prosecution for rape, the defendant asserted that the alleged victim had consented to sexual intercourse with him. The court held that evidence of prior acts of violence committed by the defendant was admissible because the victim's knowledge of those incidents was relevant to determining whether she freely consented or consented out of fear of the defendant. (Id. at pp. 881, 885-886.)

9. Respondent argues that appellant has forfeited his claims of prosecutorial misconduct to two of the three statements because he did not contemporaneously object and seek a curative jury admonition. We have discretion to reach the merits in order to forestall a potential future ineffective assistance of counsel claim. (Cf. People v. Butler (2003) 31 Cal.4th 1119, 1128; People v. Blanco (1992) 10 Cal.App.4th 1167, 1171-1173.)

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