People v. John Z.

Opinion

CHIN, J.

We granted this case to settle a conflict in Court of Appeal decisions as to whether the crime of forcible rape (Pen. Code, § 261, subd. *758(a)(2)) is committed if the female victim consents to an initial penetration by her male companion, and then withdraws her consent during an act of intercourse, but the male continues against her will. (Compare People v. Vela (1985) 172 Cal.App.3d 237 [218 Cal.Rptr. 161](Vela) [no rape committed] with People v. Roundtree (2000) 77 Cal.App.4th 846 [91 Cal.Rptr.2d 921] (Roundtree) [rape committed].) We agree with Roundtree and the Court of…