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Rape – Lack of Consent, 26 Pac. L.J. 419 (1995)

Decio Rangel Jr.

In prosecutions for specified sexual offenses, existing law defines consent as an act or attitude that signifies the victim's free will. Existing law further provides that a defendant's honest and reasonable belief that a victim consented to sexual intercourse may negate criminal intent and as such, may serve as a defense to rape. Chapter 907 requires that in prosecutions for certain sexual *420 offenses, the victim's request or suggestion to the defendant that a condom or other form of birth control be used, in absence of other evidence, will not be sufficient to constitute her consent to his actions.

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