What is the burden of proving consent in a sexual assault case?
California, United States of America
The following excerpt is from Barouh v. Haberman, 26 Cal.App.4th 40, 31 Cal.Rptr.2d 259 (Cal. App. 1994):
6 The burden is on plaintiff to prove lack of consent. (Use note and com. to BAJI No. 7.50 (1992 rev.), citing Kritzer v. Citron (1950) 101 Cal.App.2d 33, 39-40, 224 P.2d 808.) Here, however, defendant's trial counsel during discussion of instructions volunteered to assume the burden of proving consent. The instructions given and the special verdict form treated consent as an affirmative defense.
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