People v. Hale
Michigan Court of Appeals
370 N.W.2d 382 (1985)
- Written by Rose VanHofwegen, JD
Facts
Hale (defendant) was charged with third-degree sexual conduct for having intercourse with someone without her consent. The trial judge instructed the jury that “If the evidence does not convince you beyond a reasonable doubt that the sexual acts complained of were not consented to, then [Hale] is not guilty of the crime.” Hale appealed on the ground that the instruction predicated criminal responsibility for rape on the victim’s subjective consent, not whether the accused reasonably believed that the victim consented. Hale argued that the court should have instead instructed that “a reasonable and bona fide belief that a prosecutrix voluntarily consented to engage in sexual intercourse” precludes conviction for rape.
Rule of Law
Issue
Holding and Reasoning (Allen, J.)
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