California, United States of America
The following excerpt is from People v. G.K. (In re G.K.), A156064 (Cal. App. 2020):
As an initial matter, it is well established that " '[i]nconsistency in a verdict is not a sufficient reason for setting it aside.' " (People v. Palmer (2001) 24 Cal.4th 856, 860; see 954 ["acquittal of one or more counts shall not be deemed an acquittal of any other count"].) It is especially true in this case where substantial evidence disproves minor's theory. For one, the recorded pretext phone call undercuts minor's testimony that the victim instigated intercourse by mounting his lap and "bouncing up and down" while he was "kind of sitting there." Minor can be heard during this call telling the victim, "I said, 'Do you want to stop?' and you said, 'No, keep going.' " Minor also acknowledged physically holding her up, insisting he had to do so because she was so intoxicated.
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