Tag Archives: Rape


Rape of Intoxicated Victim: Degree of Intoxication
September 28th, 2015

People v. Smith (2011) 191 Cal. App. 4th 199, 204-05, held that CC 1002 correctly incorporates the law of rape of an intoxicated woman as set forth in People v. Giardino (2000) 82 Cal. App. 4th 454, 472. “The instruction sufficiently describes the degree of intoxication required for the crime of rape of an intoxicated […]


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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 […]


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Rape of Victim Who Is Both Intoxicated And Unconscious
April 10th, 2014

  People v. Smith (2011) 191 Cal. App. 4th 199.


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