Chapter 10 Lecture - Sex Crimes CALCRIMS PDF

CALCRIM 1000 Rape by Force, Fear, or Threats To prove that the defendant is guilty of rape, the People must prove that: 1) The defendant had sexual intercourse with a woman; 2) He and the woman were not married to each other at the time of th...

CALCRIM 1000 Rape by Force, Fear, or Threats To prove that the defendant is guilty of rape, the People must prove that: 1) The defendant had sexual intercourse with a woman; 2) He and the woman were not married to each other at the time of the intercourse; 3) The woman did not consent to the intercourse; AND 4) The defendant accomplished the intercourse by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the woman or to someone else. Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required. To consent, a woman must act freely and voluntarily and know the nature of the act. A woman who initially consents to an act of intercourse may change her mind during the act. If she does so, under the law, the act of intercourse is then committed without her consent if: 1) She communicated that she objected to the act of intercourse and attempted to stop the act; 2) She communicated her objection through words or acts that a reasonable person would have understood as showing her lack of consent; AND 3) The defendant forcibly continued the act of intercourse despite her objection. Evidence that the defendant and the woman dated or had been married is not enough by itself to constitute consent. Evidence that the woman requested, suggested, or communicated that the defendant use a condom or other birth control device is not enough by itself to constitute consent. Intercourse is accomplished by force if a person uses enough physical force to overcome the woman's will. Duress means a direct or implied threat of force, violence, danger, or retribution that would cause a reasonable person to do something that she would not do otherwise. When deciding whether the act was accomplished by duress, consider all the circumstances, including the woman's age and her relationship to the defendant. Menace means a threat, statement, or act showing an intent to injure someone. A woman must be alive at the time of the sexual intercourse for the crime of rape to occur. Defense: Reasonable Belief in Consent The defendant is not guilty of rape if he actually and reasonably believed that the woman consented to the intercourse. The People have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the woman consented. If the People have not met this burden, you must find the defendant not guilty.  CALCRIM 1002 Rape of Intoxicated Woman or Spouse The defendant is charged with raping a woman while she was intoxicated. To prove that the defendant is guilty of this crime, the People must prove that: 1.) The defendant had sexual intercourse with a woman; 2.) He and the woman were not married to each other at the time of the intercourse; 3.) The effect of an intoxicating or controlled substance prevented the woman from resisting; AND 4.) The defendant knew or reasonably should have known that the effect of an intoxicating or controlled substance prevented the woman from resisting. A person is prevented from resisting if she is so intoxicated that she cannot give legal consent. In order to give legal consent, a person must be able to exercise reasonable judgment. In other words, the person must be able to understand and weigh the physical nature of the act, its moral character, and probable consequences. Legal consent is consent given freely and voluntarily by someone who knows the nature of the act involved. Defense: Reasonable Belief Capable of Consent The defendant is not guilty of this crime if he actually and reasonably believed that the woman was capable of consenting to sexual intercourse, even if that belief was wrong. The People have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the woman was capable of consenting. If the People have not met this burden, you must find the defendant not guilty.  CALCRIM 1003 Rape of Unconscious Woman or Spouse The defendant is charged with raping a woman who was unconscious of the nature of the act. To prove that the defendant is guilty of this crime, the People must prove that: 1.) The defendant had sexual intercourse with a woman; 2.) He and the woman were not married to each other at the time of the intercourse; 3.) The woman was unable to resist because she was unconscious of the nature of the act; AND 4.) The defendant knew that the woman was unable to resist because she was unconscious of the nature of the act. A woman is unconscious of the nature of the act if she is unconscious, asleep, or not aware that the act is occurring; or not aware of the essential characteristics of the act because the perpetrator tricked, lied to, or concealed information from her, or was not aware of the essential characteristics of the act because the perpetrator fraudulently represented that the sexual penetration served a professional purpose when it served no professional purpose.  CALCRIM 1004 Rape of a Disabled Woman The defendant is charged with raping a mentally or physically disabled woman. To prove that the defendant is guilty of this crime, the People must prove that: 1.) The defendant had sexual intercourse with a woman; 2.) He and the woman were not married to each other at the time of the intercourse; 3.) The woman had a mental disorder, developmental disability, or physical disability that prevented her from legally consenting; AND 4.) The defendant knew or reasonably should have known that the woman had a mental disorder, developmental disability, or physical disability that prevented her from legally consenting. A woman is prevented from legally consenting if she is unable to understand the act, its nature, and possible consequences.  CALCRIM 1005 Rape by Fraud The defendant is charged with rape by fraud. To prove that the defendant is guilty of this crime, the People must prove that: 1.) The defendant had sexual intercourse with a woman; 2.) He and the woman were not married to each other at the time of the intercourse; 3.) The woman submitted to the intercourse because she believed the defendant was her husband; AND 4.) The defendant tricked her, lied to her, or concealed information from her, intending to make her believe they were married to each other.  CALCRIM 1015 Oral Copulation by Force, Fear, or Threats The defendant is charged with oral copulation by force. To prove that the defendant is guilty of this crime, the People must prove that: 1.) The defendant committed an act of oral copulation with someone else; 2.) The other person did not consent to the act; AND 3.) The defendant accomplished the act by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to someone. Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required. The defendant is not guilty of forcible oral copulation if he actually and reasonably believed that the other person consented to the act. The People have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the person consented. If the People have not met this burden, you must find the defendant not guilty.  CALCRIM 1030 Sodomy by Force, Fear, or Threats The defendant is charged with sodomy by force. To prove that the defendant is guilty of this crime, the People must prove that: 1.) The defendant committed an act of sodomy with another person; 2.) The other person did not consent to the act; AND 3.) The defendant accomplished the act by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to another person. Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Defense: Reasonable Belief in Consent The defendant is not guilty of forcible sodomy if she actually and reasonably believed that the other person consented to the act. The People have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the other person consented. If the People have not met this burden, you must find the defendant not guilty.  CALCRIM 1045 Sexual Penetration by Force, Fear, or Threats The defendant is charged with sexual penetration by force. To prove that the defendant is guilty of this crime, the People must prove that: 1.) The defendant committed an act of sexual penetration with another person; 2.) The penetration was accomplished by using a foreign object, substance, instrument, or device; 3.) The other person did not consent to the act; AND 4.) The defendant accomplished the act by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to another person. Sexual penetration means penetration, however slight, of the genital or anal opening of the other person or causing the other person to penetrate, however slightly, his or her own genital or anal opening for the purpose of sexual abuse, arousal, or gratification. A foreign object, substance, instrument, or device includes any part of the body except a sexual organ. Penetration for sexual abuse means penetration for the purpose of causing pain, injury, or discomfort. Defense: Reasonable Belief in Consent The defendant is not guilty of forcible sexual penetration if he actually and reasonably believed that the other person consented to the act. The People have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the other person consented. If the People have not met this burden, you must find the defendant not guilty.  CALCRIM 1072 Unlawful Sexual Intercourse: Minor Within Three Years of Defendant's Age The defendant is charged with unlawful sexual intercourse with a minor whose age was within three years of the defendant's age. To prove that the defendant is guilty of this crime, the People must prove that: 1.) The defendant had sexual intercourse with another person; 2.) The defendant and the other person were not married to each other at the time of the intercourse; AND 3.) At the time of the intercourse, the other person was under the age of 18 but not more than three years younger than the defendant. Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required. It is not a defense that the other person may have consented to the intercourse. Defense: Good Faith Belief 18 or Over The defendant is not guilty of this crime if he reasonably and actually believed that the other person was age 18 or older. The People must prove beyond a reasonable doubt that the defendant did not reasonably and actually believe that the other person was at least 18 years old. If the People have not met this burden, you must find the defendant not guilty of this crime.