What is the effect of section 261(1) of the California Penal Code on sexual assault cases?

California, United States of America

The following excerpt is from People v. Vital, H039160 (Cal. App. 2014):

intercourse. (Id. at p. 205.) The court modified the judgment to strike a rape count, stating that "[b]oth convictions cannot stand because 'only one punishable offense of rape results from a single act of intercourse, though it may be chargeable in separate counts when accomplished under the varying circumstances specified in the subdivisions of section 261 of the Penal Code.' (People v. Craig, (1941) 17 Cal.2d 453, 458 . . . .)"⁹ (Ibid.)

c. Continuing Viability of People v. Craig

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What is the effect of section 261(1) of the California Penal Code on sexual assault cases?

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