People v. Vela

Opinion

BEST, J.

“Once penetration has occurred with the female’s consent, if the female changes her mind does force from that point (where she changes her mind) constitute rape?”

On this appeal we must determine the answer to the above question and the effect of the trial court’s failure to provide the jury with the correct answer.

Defendant, then 19 years of age, was charged with the forcible rape of Miss M., then 14 years of age, the alleged rape occurring during the eve ning hours of November 20, 1982, near Bakersfield, California. The testimony of Miss M., together with other prosecution…