California, United States of America
The following excerpt is from People v. Scarber, F068908 (Cal. App. 2019):
In any event, "in a forcible rape charge of an adult victim, the [victim's] consent is placed in issue by the not guilty plea . . . ." (People v. Key (1984) 153 Cal.App.3d 888, 895.) "Section 261, subdivision [(a)](2) defines rape as sexual intercourse accomplished against a person's will. By definition, it is nonconsensual sexual intercourse. Therefore, whether the defendant testifies, or stands silent, the prosecution must establish the victim's nonconsent beyond a reasonable doubt along with all other elements . . . ." (Ibid.) CALCRIM No. 1000, as given here, informed jurors of this legal principle.
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.