SERIES 1000 SEX OFFENSES
F 1004 Rape Of A Disabled Woman (PC 261(a)(1))
TABLE OF CONTENTS
F 1004.1 Titles And Identification Of Parties
F 1004.1 Inst 1 Rape Of A Disabled Woman—Title
F 1004.1 Inst 2 Identification Of Prosecution And Defendant
F 1004.2 Rape Of A Disabled Woman—Tailoring To Facts: Persons, Places, Things And Theories
F 1004.2 Inst 1 Element 1: Tailoring To Facts; Include Definition Of Sexual Intercourse In Description Of Element
F 1004.2 Inst 2 Element 2: Tailoring To Facts
F 1004.2 Inst 3 Tailoring To Facts: “Prevented From Legally Consenting”; Specification Of “The Act”
F 1004.3 Rape Of A Disabled Woman—Language That Is Argumentative, Confusing, Etc.
F 1004.3 Inst 1 Deletion Of Argumentative Language
F 1004.4 Rape Of A Disabled Woman—Burden Of Proof Issues
F 1004.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1004.4 Inst 2 Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent
F 1004.5 Rape Of A Disabled Woman—Elements And Definitions
F 1004.5 Inst 1 “Should Have Known” Requires Consideration Of Reasonable Person In Defendant’s Situation
F 1004.5 Inst 2 Sex Offense Based On Constructive Knowledge
F 1004.6 Rape Of A Disabled Woman—Defense Theories
F 1004.6 Inst 1 Sex Offense: Good Faith Belief That Victim Was Dead
F 1004.7 Rape Of A Disabled Woman—Preliminary Fact Issues [Reserved]
F 1004.8 Rape Of A Disabled Woman—Unanimity/Duplicity/Multiplicity [Reserved]
F 1004.9 Rape Of A Disabled Woman—Lesser Offense Issues [Reserved]
F 1004 Notes
F 1004 Note 1 Rape Of A Disabled Woman—CALCRIM Cross-References And Research Notes
F 1004 Note 2 Additional Notes
F 1004 Note 3 Sex Crimes: Entrapment
Return to Series 1000 Table of Contents.
F 1004.1 Titles And Identification Of Parties
F 1004.1 Inst 1 Rape Of A Disabled Woman—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1004.1 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 1004.2Rape Of A Disabled Woman—Tailoring To Facts: Persons, Places, Things And Theories
F 1004.2 Inst 1 Element 1: Tailoring To Facts; Include Definition Of Sexual Intercourse In Description Of Element
See FORECITE F 1000.2 Inst 1.
F 1004.2 Inst 2 Element 2: Tailoring To Facts
See FORECITE F 1000.2 Inst 2.
F 1004.2 Inst 3 Tailoring To Facts: “Prevented From Legally Consenting”; Specification Of “The Act”
*Modify CC 1004, paragraph 4, as follows [added language is underlined; deleted language is stricken]:
A woman is prevented from legally consenting if she is unable to understand the act _______________ <specify act, e.g., penetration of her genitalia or vagina>, its nature, and possible consequences.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Lack Of Legal Consent Should Be Tailored To The Alleged Sexual Act—The issue of consent should be related to the specific act comprising the crime such as penetration. (See FORECITE F 400.2 Inst 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 1004.3 Rape Of A Disabled Woman—Language That Is Argumentative, Confusing, Etc.
F 1004.3 Inst 1 Deletion Of Argumentative Language
See FORECITE F 1002.3 Inst 1.
F 1004.4 Rape Of A Disabled Woman—Burden Of Proof Issues
F 1004.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1004.4 Inst 2Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent
See FORECITE F 1000.4 Inst 5.
F 1004.5 Rape Of A Disabled Woman—Elements And Definitions
F 1004.5 Inst 1 “Should Have Known” Requires Consideration Of Reasonable Person In Defendant’s Situation
See FORECITE F 1002.5 Inst 2.
F 1004.5 Inst 2 Sex Offense Based On Constructive Knowledge
See FORECITE F 1002.5 Inst 4.
F 1004.6 Rape Of A Disabled Woman—Defense Theories
F 1004.6 Inst 1 Sex Offense: Good Faith Belief That Victim Was Dead
See FORECITE F 1000.6 Inst 3.
F 1004.7 Rape Of A Disabled Woman—Preliminary Fact Issues [Reserved]
F 1004.8 Rape Of A Disabled Woman—Unanimity/Duplicity/Multiplicity [Reserved]
F 1004.9 Rape Of A Disabled Woman—Lesser Offense Issues [Reserved]
F 1004 NOTES
F 1004 Note 1 Rape Of A Disabled Woman—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1000 [Rape or Spousal Rape by Force, Fear, or Threats]
CALCRIM 1001 [Rape or Spousal Rape in Concert]
CALCRIM 1002 [Rape of Intoxicated Woman or Spouse]
CALCRIM 1003 [Rape of Unconscious Woman or Spouse]
CALCRIM 1005 [Rape by Fraud]
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
F 1004 Note 2 Additional Notes
See FORECITE F 1000 Notes.
F 1004 Note 3 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
