Sex Crimes: Consent And Withdrawal Of Consent: CC’s 2013 Revision
September 25th, 2015

The committee revised the final bracketed paragraph on “Reasonable Belief in Consent” by changing the first sentence to read thus:

The defendant is not guilty of rape if he actually and reasonably believed that the woman consented to the intercourse [and actually and reasonably believed that she consented throughout the act of intercourse].

 

The bracketed language is optional, to be given only when necessary. (Advisory Committee on Criminal Jury Instructions, Report to the Judicial Council for meeting of February 26, 2013, pp. 3-4.)


Tags: , ,