Tuesday, December 16, 2008

You be the judge

The California Supreme Court has agreed to decide whether consent is a defense to a charge of lewd conduct on a child under 14 by means of force or duress. Justices attending Wednesday’s conference in San Francisco voted unanimously to review the Sixth District Court of Appeal’s Sept. 9 ruling overturning a Santa Clara County man’s three convictions on the basis that the trial court deprived him of a valid defense when it instructed the jury that consent was not a defense.
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