What is the effect of Section 996 of the California Code of Civil Procedure on the defence of consent?
California, United States of America
The following excerpt is from People v. Arias, H043447 (Cal. App. 2017):
5. In his reply brief, defendant asserts that there was no evidence of duress at the preliminary hearing. That claim was forfeited. (See People v. Clark (2016) 63 Cal.4th 522, 552; see also 996.)
6. Pitmon, was disapproved on another ground in People v. Soto (2011) 51 Cal.4th 229, 248, fn. 12 (Soto) insofar as its language suggested that consent was a defense to forcible lewd acts.
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