What is the prosecution's burden of establishing that the victim consented to go with defendant?

California, United States of America


The following excerpt is from People v. Bowcutt, C037213 (Cal. App. 11/25/2003), C037213. (Cal. App. 2003):

Here, defendant was charged with kidnapping, rape and murder in the commission of those crimes. The prosecution therefore bore the burden of establishing that the victim did not consent to go with defendant and did not have consensual sexual relations with him. (See 207, 261.) Lack of consent, an element of these crimes, was put into dispute by defendant's plea of not guilty. It had to be proved by the People beyond a reasonable doubt. The prosecution's burden was not relieved simply because defendant did not challenge the consent element of the offenses. (People v. Waidla, supra, 22 Cal.4th at p. 723.)

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