California, United States of America
The following excerpt is from People v. Soto, 119 Cal.Rptr.3d 775, 245 P.3d 410, 51 Cal.4th 229 (Cal. 2011):
Honoring the clear legislative intent expressed in the plain language of section 288(b)(1), we hold that consent of the victim is not a defense to the crime of aggravated lewd conduct on a child under age 14. The prosecution need not prove that a lewd act committed by use of force, violence, duress, menace, or fear was also against the victim's will. To the extent they are inconsistent with this holding, we disapprove People v. Cicero, supra, 157 Cal.App.3d 465, 204 Cal.Rptr. 582, and the cases following it.12
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