Does defendant waive his claim that he was entitled to have his jury instructed that the victim submitted as a result of the implied threat or violence?

California, United States of America

The following excerpt is from People v. Jennings, 251 Cal.Rptr. 278, 46 Cal.3d 963, 760 P.2d 475 (Cal. 1988):

However, we find defendant waived his further claim that he was entitled to have his jury instructed that before considering the evidence of the 1971 sex crimes, it must find the victim submitted as a result of the implied threat of force or violence. Even assuming arguendo that such subjective knowledge is legally required, the normal rule is that "a defendant's failure to request instruction on the elements of the other-crimes aggravating evidence will preclude him from raising the issue on appeal." (People v. Davenport (1985) 41 Cal.3d 247, 282, 221 Cal.Rptr. 794, 710 P.2d 861.) Defendant is unpersuasive in arguing that he should be excepted from this general rule.

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