California Criminal Jury Instructions (CALCRIM) (2017)

1194. Consent: Prior Sexual Intercourse

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1194.Consent: Prior Sexual Intercourse
You have heard evidence that ( <insert name of complaining
witness>/Jane Doe/John Doe) had consensual sexual intercourse with the
defendant before the act that is charged in this case. You may consider
this evidence only to help you decide (whether the alleged victim
consented to the charged act[s]/ [and] whether the defendant reasonably
and in good faith believed that
(<insert name of complaining witness>/Jane Doe/John Doe)
consented to the charged act[s]). Do not consider this evidence for any
other purpose.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give a limiting admonition if the defendant is
charged with rape or unlawful sexual intercourse or an attempt or assault with
intent to commit either crime and evidence of prior sexual intercourse with the
alleged victim has been admitted. (Pen. Code, § 1127d.)
If during the trial the court referred to a complaining witness by the name of Jane
or John Doe, use that designation in giving this instruction. (See Pen. Code,
§§ 293, 293.5.)
AUTHORITY
• Instructional Requirements. Pen. Code, § 1127d.
Protecting Identity of Complaining Witness. Pen. Code §§ 293, 293.5.
Secondary Sources
1 Witkin, California Evidence (4th ed. 2000) Circumstantial Evidence, § 65.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.23[1][f], [3][a] (Matthew Bender).
RELATED ISSUES
Admissibility of Sexual Conduct of Complaining Witness
Evidence Code section 782 sets out the procedure for admitting evidence of the
sexual conduct of the complaining witness.
1195–1199. Reserved for Future Use
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