VI. 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 of course must be reasonable. Thus, if you threaten to kill someone if they do not allow you to finish your sex act to them, and they say nothing, that cannot be considered a reasonable belief as to consent. If a prosecutor cannot prove that there was no consent, then you cannot be guilty of the crime. For more information on the defense of reasonable mistake as to consent, call Ontario Criminal Defense attorney Adam Jackson today for a free consultation and free case evaluation. Call today at 909-939-7126. Located in Ontario, CA.