Quantcast
Home / Opinion Digests / Criminal Practice / Criminal Practice – Second-Degree Rape – Jury Instructions – Consent – ‘Reasonable Belief’ (access required)

Criminal Practice – Second-Degree Rape – Jury Instructions – Consent – ‘Reasonable Belief’ (access required)

  Although consent by the victim is a complete defense to rape, this court declines to recognize defendant’s proposed variation on the consent defense: a “reasonable belief of consent.” We find no error in defendant’s conviction of second-degree forcible rape. Because a defendant’s knowledge of whether the victim consented is not a material element of rape and we ...

Leave a Reply

Your email address will not be published. Required fields are marked *

*