People v. Sojka

Opinion

SIGGINS, J.

Appellant John F. Sojka was convicted by a jury of one count of attempted rape by force. He argues that the trial court failed to instruct the jury that he could not be guilty of attempted rape if he reasonably but mistakenly believed the victim consented to intercourse. We agree that the trial court should have instructed on Sojka’s mistaken belief in the victim’s consent, and that its failure to do so was prejudicial. We therefore reverse the judgment. In light of our holding, we do not address Sojka’s other claims of error.

BACKGROUND

Sojka met the victim early one evening…