CA · jury_instructions
CALCRIM No. 1004
Rape of a Disabled Woman (Pen. Code, § 261(a)(1))
The defendant is charged [in Count] with raping a mentally or
physically disabled woman [in violation of Penal Code section 261(a)(1)].
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. He and the woman were not married to each other at the time of
the intercourse;
3. The woman had a (mental disorder/developmental or physical
disability) that prevented her from legally consenting;
AND
4. The defendant knew or reasonably should have known that the
woman had a (mental disorder/developmental or physical
disability) that prevented her from legally consenting.
Sexual intercourse means any penetration, no matter how slight, of the
vagina or genitalia by the penis. [Ejaculation is not required.]
A woman is prevented from legally consenting if she is unable to
understand the act, its nature, and possible consequences.
New January 2006; Revised August 2012, March 2022
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2022
- Content hash
9247e1bea5cf36099c438fdfb3806ee56740c663e00d4ddff3317d29e784c567
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