What is the test for consent in a forcible rape case?

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.

Other Questions


How have courts interpreted consent in cases involving consent and consent? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would change the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would change the disposition of a defendant in a civil case? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.