CALCRIM No. 1000

& (7))

The defendant is charged [in Count] with rape by force [in

violation of Penal Code section 261(a)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant had sexual intercourse with another person;

2. The other person did not consent to the intercourse;

AND

3. The defendant accomplished the intercourse by

<Alternative 3A—force or fear>

[force, violence, duress, menace, or fear of immediate and unlawful

bodily injury to the person or to someone else.]

<Alternative 3B—future threats of bodily harm>

[threatening to retaliate in the future against the person or someone

else when there was a reasonable possibility that the defendant would

carry out the threat. A threat to retaliate is a threat to kidnap, falsely

imprison, or inflict extreme pain, serious bodily injury, or death.]

<Alternative 3C—threat of offıcial action>

[threatening to use the authority of a public office to incarcerate,

arrest, or deport someone. A public official is a person employed by

federal, state, or local government who has authority to incarcerate,

arrest, or deport. <insert name of alleged victim> must

have reasonably believed that the defendant was a public official even

if the defendant was not.]

Sexual intercourse means any penetration, no matter how slight, of the

vagina or genitalia by the penis. [Ejaculation is not required.]

[To consent, a person must know the nature of the act or transaction

involved, act freely and voluntarily, and positively cooperate by act or

attitude.]

[A person who initially consents to an act of intercourse may change

(his/her) mind during the act. If (he/she) does so, under the law, the act

of intercourse is then committed without (his/her) consent if:

1. (He/She) communicated through words or acts to the defendant

that (he/she) no longer consented to the act of intercourse;

2. A reasonable person would have understood that (his/her) words

or acts expressed (his/her) lack of consent;

AND

3. The defendant forcibly continued the act of intercourse despite

(his/her) objection.]

[It is not required that (he/she) physically resist or fight back in order to

communicate (his/her) lack of consent.]

[Evidence that the defendant and the other person (dated/were married/

had been married) is not enough by itself to constitute consent.]

[Evidence that the other person (requested/suggested/communicated) that

the defendant use a condom or other birth control device is not enough

by itself to constitute consent.]

[Intercourse is accomplished by force if a person uses enough physical

force to overcome the other person’s will.]

[Duress means a direct or implied threat of force, violence, danger, or

retribution that would cause a reasonable person to do [or submit to]

something that (he/she) would not do [or submit to] otherwise. When

deciding whether the act was accomplished by duress, consider all the

circumstances, including the other person’s age and relationship to the

defendant.]

[Retribution is a form of payback or revenge.]

[Menace means a threat, statement, or act showing an intent to injure

someone.]

[Intercourse is accomplished by fear if the other person is actually and

reasonably afraid [or is actually but unreasonably afraid and the

defendant knows of the other person’s fear and takes advantage of it].]

[The other person must be alive at the time of the sexual intercourse for

the crime of rape to occur.]

<Defense: Reasonable Belief in Consent>

[The defendant is not guilty of rape if he actually and reasonably

believed that the other person consented to the intercourse [and actually

and reasonably believed that (he/she) consented throughout the act of

intercourse]. The People have the burden of proving beyond a

reasonable doubt that the defendant did not actually and reasonably

CALCRIM No. 1000 SEX OFFENSES

believe that the other person consented. If the People have not met this

burden, you must find the defendant not guilty.]

New January 2006; Revised February 2013, February 2014, March 2022, February