How have courts dealt with a charge of forcible rape?

California, United States of America


The following excerpt is from People v. Miranda, 11 Cal. Daily Op. Serv. 12995, 132 Cal.Rptr.3d 315, 199 Cal.App.4th 1403, 2011 Daily Journal D.A.R. 15403 (Cal. App. 2011):

In People v. Martinez (2010) 47 Cal.4th 911, 105 Cal.Rptr.3d 131, 224 P.3d 877, the court dealt with a charge of forcible rape under section 261, subdivision (a)(2). The issue was whether defendant and the victim had consensual sex. ( People v. Martinez, supra, 47 Cal.4th at p. 954, 105 Cal.Rptr.3d 131, 224 P.3d 877.) The court

[199 Cal.App.4th 1436]

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