Reasonable Belief as to Consent

If you reasonably believed that the person you were with consented to the sexual act you performed, then you would not be guilty of the alleged crime. A common example is PC 289, where you were under the belief that the other party reasonably had consented to what you had done or were doing to them at the time. This belief must be grounded in reasonableness. For instance, if you threaten harm to coerce someone into allowing a sexual act without their explicit consent, that cannot be considered a reasonable belief as to consent.

If a prosecutor cannot conclusively establish the absence of consent, then you cannot be deemed guilty of the crime. Understanding the defense of reasonable mistake as to consent is crucial in legal matters concerning such cases. For further insights and legal guidance on this defense strategy, reach out to Ontario Criminal Defense attorney Adam Jackson. Take the first step towards a free consultation and case evaluation by calling today at (909) 939-7126. Adam Jackson’s practice is based in Ontario, CA, serving clients with dedicated legal representation.