What is the test for reasonable belief in a sexual assault case?
California, United States of America
The following excerpt is from People v. Vargas, E063337 (Cal. App. 2016):
In other words, "unless the evidence reveals some way to harmonize the conflicting accounts of defendant and prosecutrix through a mistake of fact, so that the jury can evaluate proof relating to defendant's belief in consent (as distinguished from his mere assertion of consent), the court need not give the reasonable belief instruction sua sponte." (People v. Rhoades (1987) 193 Cal.App.3d 1362, 1369-1370.)
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