Does a court's instruction that consent is not a defense not to be a defense contribute to the verdicts on the section 288, subdivision (b)(1) counts of sexual assault?

California, United States of America


The following excerpt is from People v. Schenberger, C069146 (Cal. App. 2017):

the error complained of did not contribute to the verdict. (People v. Neal (2003) 31 Cal.4th 63, 86 (Neal).) An error does not contribute to the verdict when it is " 'unimportant in relation to everything else the jury considered on the issue in question, as revealed in the record.' " (Ibid.) We conclude beyond a reasonable doubt that the court's instruction that consent is not a defense did not contribute to the verdicts on the section 288, subdivision (b)(1), counts.

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