CALCRIM No. 1002

The defendant is charged [in Count] with raping a woman while

she was intoxicated [in violation of <insert appropriate code

section[s]>].

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

prove that:

1. The defendant had sexual intercourse with a woman;

2. The effect of (a/an) (intoxicating/anesthetic/controlled) substance

prevented the woman from resisting;

AND

3. The defendant knew or reasonably should have known that the

effect of (a/an) (intoxicating/anesthetic/controlled) substance

prevented the woman from resisting.

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

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

A person is prevented from resisting if he or she is so intoxicated that he

or she cannot give legal consent. In order to give legal consent, a person

must be able to exercise reasonable judgment. In other words, the person

must be able to understand and weigh the physical nature of the act, its

moral character, and probable consequences. Legal consent is consent

given freely and voluntarily by someone who knows the nature of the act

involved.

[<If appropriate, insert controlled substance> (is/are) [a]

controlled substance[s].]

<Defense: Reasonable Belief Capable of Consent>

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

believed that the woman was capable of consenting to sexual intercourse,

even if that belief was wrong. The People have the burden of proving

beyond a reasonable doubt that the defendant did not actually and

reasonably believe that the woman was capable of consenting. If the

People have not met this burden, you must find the defendant not

guilty.]

New January 2006; Revised August 2012, March 2018, March 2022