Does the permissive language in Section 667.61 of the Penal Code undermine the other instructions requiring the prosecution to prove guilt beyond a reasonable doubt?

There is nothing in the permissive language of the instruction to support the interpretation suggested by defendant, nor does the instruction undercut the other instructions requiring the prosecution to prove guilt beyond a reasonable doubt. As defendant acknowledges, his argument was rejected in People v. Hudson (2009) 175 Cal.App.4th 1025, 1028-1029. We agree with the holding in Hudson and reject the contention.

IV. Penal Code Section 667.61 Allegations in Counts 1 and 4