Does the concept of fraudulently obtaining consent apply to sex offences under section 288 of the Penal Code?

7 We note at the outset that appellant incorrectly focuses upon the concept of fraudulently obtained consent on the counts relating to Maricela. At the time of the offenses, Maricela was 13 years of age. Consent, or a reasonable good faith belief in the age of a child to give consent, are not defenses to crimes charged under Penal Code section 288. (People v. Olsen (1984) 36 Cal.3d 638, 647-648, 205 Cal.Rptr. 492, 685 P.2d 52.) Therefore, consent is not an issue whether it be fraudulently obtained or freely given. The only issue is whether the actions of appellant relating to Maricela fell within the terms of section 288, subdivision (b).

** See footnote *, ante.