People v. Mayberry
Supreme Court of California
542 P.2d 1337 (1975)
Relevant factsFree
Franklin forcibly took the victim to an apartment where she was assaulted and raped without resisting due to fear, and his brother Booker also assaulted her, but Franklin testified she went with him willingly and consented to sex, pointing to her lack of visible resistance during their time together as evidence supporting his claimed belief in her consent; the trial court refused the defendants' requested instruction on reasonable mistake of fact as to consent.
IssueFree
Whether a defendant's mistake of fact may negate the mental state element of the crime, if the mistake of fact was bona fide and reasonable.