What is the case law on sexual assault where a defendant does not introduce evidence to prove consent?

California, United States of America


The following excerpt is from People v. Vargascortes, F071063 (Cal. App. 2016):

The evidence offered by appellant does little beyond demonstrating appellant and the victim had a past relationship that may have been sexual. This allegation alone is insufficient to decriminalize appellant's conduct. (See People v. Fontana (2010) 49 Cal.4th 351, 362 ["A defendant may not introduce evidence of specific instances of the complaining witness's sexual conduct, for example, in order to prove consent by the complaining witness."].) In contrast, appellant's guilty plea finds factual support in statements from the victim, physical evidence supporting her claim, and appellant's own admissions regarding his conduct. The trial court's determination that appellant's new

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