In a sexual assault case, how have courts interpreted the "consent" or "willingness" defense?
California, United States of America
The following excerpt is from People v. Rideaux, F063216 (Cal. App. 2013):
5. To the extent that appellant's purported defense bordered on "consent" or "willingness" on the part of the victim, we note there is no such defense to the crimes appellant was charged with. (People v. Soto (2011) 51 Cal.4th 229, 238, 248.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a court's instruction that consent is not a defense not to be a defense contribute to the verdicts on the section 288, subdivision (b)(1) counts of sexual assault? (California, United States of America)
How have the courts interpreted jury instructions in cases involving sexual assault cases? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
How have courts interpreted statutory references to the Penal Code in cases involving sexual assault cases? (California, United States of America)
How have courts treated allegations of sexual assault in sexual assault cases? (California, United States of America)
In a sexual assault case, how has consent been interpreted by the California Superior Court in the past? (California, United States of America)
How have the courts interpreted jury instructions in cases involving sexual assault cases? (California, United States of America)
How have courts interpreted the statutory language of the Sexual Offences Prevention Act (SVPA) in the context of sexual assault cases? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the effect of a trial court's failure to instruct on the burden of proof for a consent defense in a sexual assault case? (California, United States of America)
