SERIES 1000 SEX OFFENSES
F 1000.1 Titles And Identification Of Parties
F 1000.2 Rape Or Spousal Rape By Force, Fear, Or Threats—Tailoring To Facts: Persons, Places, Things And Theories
F 1000.3 Rape Or Spousal Rape By Force, Fear, Or Threats—Language That Is Argumentative, Confusing, Etc.
TABLE OF CONTENTS
F 1000.1 Titles And Identification Of Parties
F 1000.1 Inst 1 Rape Or Spousal Rape By Force, Fear, Or Threats—Title
F 1000.1 Inst 2 Identification Of Prosecution And Defendant
F 1000.2 Rape Or Spousal Rape By Force, Fear, Or Threats—Tailoring To Facts: Persons, Places, Things And Theories
F 1000.2 Inst 1 Element 1: Tailoring To Facts; Include Definition Of Sexual Intercourse In Description Of Element
F 1000.2 Inst 2 Element 2: Tailoring To Facts
F 1000.2 Inst 3 Element 4: Tailoring To Facts
F 1000.2 Inst 4 Definition Of Consent: Specification Of “The Act”
F 1000.2 Inst 5 Instruction Should Be Tailored Or Modified To Eliminate Improper Use Of The Term “Woman”
F 1000.3 Rape Or Spousal Rape By Force, Fear, Or Threats—Language That Is Argumentative, Confusing, Etc.
F 1000.3 Inst 1 Deletion Of Argumentative Language
F 1000.3 Inst 2 Forcible Sex Offenses: Consent Defined—Deletion Of Prior “Dating” Relationship
F 1000.3 Inst 3 Forcible Sex Offenses: Prior “Dating” Relationship Should Not Be Ignored (PC 261.6)
Return to Series 1000 Table of Contents.
F 1000.1 Titles And Identification Of Parties
F 1000.1 Inst 1 Rape Or Spousal Rape By Force, Fear, Or Threats—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1000.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1000.2Rape Or Spousal Rape By Force, Fear, Or Threats—Tailoring To Facts: Persons, Places, Things And Theories
F 1000.2 Inst 1 Element 1: Tailoring To Facts; Include Definition Of Sexual Intercourse In Description Of Element
*Modify CC 1000, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant had sexual intercourse with a woman penetrated the [vagina] [or] [genitalia] of _______________ <name of alleged victim> with his penis;
Points and Authorities
Tailoring To Facts—See FORECITE F 400.2 Inst 1.
Include Definition Of Sexual Intercourse In Element—See FORECITE F 417.5 Inst 2.
F 1000.2 Inst 2 Element 2: Tailoring To Facts
*Modify CC 1000, Element 2, as follows [added language is underlined; deleted language is stricken]:
2. He and the woman The defendant and _______________ <name of alleged victim> were (not married/married) to each other at the time of the intercourse penetration;
Points and Authorities
See FORECITE F 400.2 Inst 1.
F 1000.2 Inst 3 Element 4: Tailoring To Facts
*Modify CC 1000, Element 4, as follows [added language is underlined; deleted language is stricken]:
4. The defendant accomplished the intercourse penetration by
<Alternative 4A—force or fear>
[force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the woman [_______________ <name of alleged victim>] [or] [to someone else _______________ <name of other person>.]
<Alternative 4B—future threats of bodily harm>
[threatening to retaliate in the future against the woman [_______________ <name of alleged victim>] [or] [someone else _______________ <name of other person>] when there was a reasonable possibility that the defendant would carry out the threat. A threat to retaliate is a threat to kidnap, falsely imprison, or inflict extreme pain, serious bodily injury, or death.]
<Alternative 4C—threat of official action>
[threatening to use the authority of a public office to incarcerate, arrest, or deport someone _______________ <name of person threatened with deportation>. A public official is a person employed by federal, state, or local government who has authority to incarcerate, arrest, or deport. The woman _______________ <name of other person> must have reasonably believed that the defendant was a public official even if he was not.]
Points and Authorities
See FORECITE F 400.2 Inst 1.
F 1000.2 Inst 4 Definition Of Consent: Specification Of “The Act”
*Modify CC 1000, paragraph 4, as follows [added language is underlined; deleted language is stricken]:
[To consent, a woman must act freely and voluntarily and know the nature of the act _______________ <specific act, e.g., penetration of her genitalia or vagina>.]
Points and Authorities
See FORECITE F 400.2 Inst 2.
F 1000.2 Inst 5 Instruction Should Be Tailored Or Modified To Eliminate Improper Use Of The Term “Woman”
*Modify CC 1000 as follows:
Option a: Change “woman” to “person.”
Option b: Tailor so reference is to victim by name.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request – [See CALCRIM Motion Bank # CCM-001.]
The CALCRIM Deficiency – Use of the term “woman” may be confusing or misleading in cases involving a young victim.
Identification Of Parties – See FORECITE F 100.2 Note 1.
WARNING! Federal constitutional claims may be lost without proper federalization – To preserve federal claims counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 1000.3 Rape Or Spousal Rape By Force, Fear, Or Threats—Language That Is Argumentative, Confusing, Etc.
F 1000.3 Inst 1 Deletion Of Argumentative Language
*Modify CC 1000, paragraph 3, as follows [deleted language is stricken]:
. . ., no matter how slight, . . .
*Modify CC 1000, paragraph 3, as follows [deleted language is stricken]:
[Ejaculation is not required.]
*Modify CC 1000, paragraph 6, as follows [deleted language is stricken]:
[Evidence that the defendant and the woman (dated/were married/had been married) is not enough by itself to constitute consent.]
*Modify CC 1000, paragraph 7, as follows [deleted language is stricken]:
[Evidence that the woman (requested/suggested/communicated) that the defendant use a condom or other birth control device is not enough by itself to constitute consent.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1000.3 Inst 2 Forcible Sex Offenses: Consent Defined—Deletion Of Prior “Dating” Relationship
See FORECITE F 1000.6 Inst 6.
F 1000.3 Inst 3 Forcible Sex Offenses: Prior “Dating” Relationship Should Not Be Ignored (PC 261.6)
See FORECITE F 1000.6 Inst 7.
