California, United States of America
The following excerpt is from People v. Allen, E059292 (Cal. App. 2015):
Under California law, a defendant's reasonable and good faith mistake of fact regarding a person's consent to sexual intercourse is a defense to rape. (People v. Mayberry (1975) 15 Cal.3d 143, 155.) But an honest but unreasonable belief is no defense: "[R]egardless of how strongly a defendant may subjectively believe a person has consented to sexual intercourse, that belief must be formed under circumstances society will tolerate as reasonable . . . ." (People v. Williams (1992) 4 Cal.4th 354, 361.) Defendant's notion that an honest but unreasonable belief that the victim consented warrants a finding of lesser culpability is incompatible with these principles.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.