What is the test for a defendant to use excessive force in a sexual assault case?

This instruction also provides: "A defendant must have believed there was imminent danger of bodily injury to himself or herself or someone else or an imminent danger that he or she or someone else would be touched unlawfully. Defendant's belief must have been reasonable and he or she must have acted because of that belief. The defendant is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. . . . When deciding whether a defendant's beliefs were reasonable, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed. If a defendant's beliefs were reasonable, the danger does not need to have actually existed." (Italics added.) Lopez has not shown error.

The People filed a Pitchess motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 535-537; Evid. Code, 1043-1046)

Page 9