CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......To Prove Conduct & Prior Bad Acts
.........Admissible to Show Absence of Consent
6 Cards On This Topic:

Character evidence admissible to prove absence of consent.

In light of the defense theory that V voluntarily consented to have sex with D, day-of-crime photos showing D's many tattoos was highly probative—it was not gang evidence as no evidence introduced to show D was gang member.

Without evidence of V's equivocal conduct or that D reasonably mistook her conduct for consent to intercourse, trial court not required to give Mayberry instruction.

Mayberry instruction, re reasonable good faith mistake, not warranted in rape prosecution where no substantial evidence V acted equivocally.

Jury properly instructed that to find consent it had to find V's acquiescence to a "search" after being pulled over by O was actually and freely given, and she was not under any misapprehension of material fact.

Where D alleges actual consent by victim, his intent is unambiguous and evidence of prior sex offenses inadmissible.