What is the test for a jury to convict a defendant of perverting the course of justice in a sexual assault case?

Likewise, we believe that the charge given here was not erroneous. The judge instructed the jury that they could convict appellant only if they found he had actual knowledge but that in determining whether appellant acted knowingly, the jury could consider whether he had "deliberately closed his . . . eyes to what otherwise would have been obvious to him . . . ." The judge also made clear that an inference of such conscious avoidance was justified only if the jury found that the defendant "was aware of a high probability" that the particular crimes were being committed, and even then the inference of knowledge could not be justified if the jury found that the "defendant actually believed to the contrary." Furthermore, the judge stated that "guilty knowledge cannot be demonstrated simply by showing mere negligence or even foolishness on the part of a defendant." The charge was thus substantially similar to charges that have been specifically approved by this court. See, e. g., United States v. Morales, 577 F.2d 769, 773-75 (2d Cir. 1978); United States v. Brawer, 482 F.2d 117, 128-29 (2d Cir. 1973). Under the circumstances, there is no basis for finding reversible error in the charge.