How have courts overturned convictions of forcible lewd conduct in the past?

California, United States of America

The following excerpt is from People v. Small, G050103 (Cal. App. 2016):

(McKee) and People v. Curlee (2015) 237 Cal.App.4th 709, we reverse the judgment and remand the case to the trial court to give the prosecutor the chance to make the appropriate showing that disparate treatment is justified.
Defendant was convicted of two counts of forcible lewd conduct, both arising from an incident in which he approached a 13-year-old girl at a bus stop and inquired whether she would like to smoke "pot" and "make love." When she declined, he grabbed her breast and placed her hand on his penis. We affirmed his conviction in 1997. (People v. Small (May 5, 1997, G018852) [nonpub. opn.].)

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How have courts overturned convictions of forcible lewd conduct in the past?

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