Can a jury simultaneously find that a victim of rape did not consent to sexual relations but that the alleged perpetrator had a reasonable and good faith belief that the victim had consent?
California, United States of America
The following excerpt is from People v. Anderson, 144 Cal.App.3d 55, 192 Cal.Rptr. 409 (Cal. App. 1983):
In People v. Hampton (1981) 118 Cal.App.3d 324, 173 Cal.Rptr. 268, the court held that a jury could simultaneously find that a victim of rape did not consent to sexual relations but that the alleged perpetrator had a reasonable and good faith belief that the victim did consent. (Id., at pp. 329-330, 173 Cal.Rptr. 268.) The court further stated that "... the defendant who relies on the defense of consent necessarily also relies on the defense that he had a reasonable and good faith belief that there was consent." (Id., at p. 329, 173 Cal.Rptr. 268.)
In People v. Flannel (1979) 25 Cal.3d 668, 684-685, 160 Cal.Rptr. 84, 603 P.2d 1, the court teaches:
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