189 Cal. App. 4th 1263
Cal. Ct. App.2010Background
- Defendant Smith was convicted by jury of rape of an intoxicated woman (count I), rape of an unconscious woman (count II), and misdemeanor sexual battery; he received an eight-year prison term.
- Victim, a 40-year-old, consumed medications and multiple drinks; she became highly intoxicated and incoherent at a bar.
- Grosse (acquaintance) and Smith accompanied the victim to a hotel after she became incapacitated; video evidence shows improper touching.
- Smith returned to the hotel later and was found naked next to the victim, who awoke to find her clothing displaced.
- Tampon inside the victim the next morning prompted her to suspect rape; she later reported alleged rape to hospital staff and police.
- The trial court gave CALCRIM instructions on intoxicated and unconscious rape; appellate review focused on instruction accuracy and statutory interpretation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CALCRIM 1002 on rape of an intoxicated woman was misleading or incomplete | People argues CALCRIM 1002 correctly states law | Smith contends CALCRIM 1002 underdefines degree of intoxication and confuses judgments | No error; CALCRIM 1002 properly instructs |
| Whether CALCRIM 1003 on rape of an unconscious woman should have governed count II | People contends jurors properly followed 1003 definitions | Smith claims jurors used 1002’s framework for unconsciousness | No reversible error; jurors followed 1003 and concepts; conviction upheld |
| Whether there was sufficient evidence to sustain misdemeanor sexual battery under §243.4(e)(1) | People argues contact was against the victim's will | Smith asserts no corresponding crime due to lack of explicit “unconsent” framing | Sufficient evidence; statutory interpretation rejects narrow view advocated by Smith |
Key Cases Cited
- People v. Giardino, 82 Cal.App.4th 454 (Cal. App. 4th 2000) (defined 'prevented from resisting' and required assessing victim's capacity to consent)
- People v. Sanchez, 26 Cal.4th 834 (Cal. 4th 2001) (presumption jurors follow instructions; correlate definitions)
- People v. Linwood, 105 Cal.App.4th 59 (Cal. App. 4th 2003) (describes rape statute structure and nonconsensual acts)
- People v. Babaali, 171 Cal.App.4th 982 (Cal. App. 4th 2009) (discussion of sexual battery for fraudulent representation; dissent cited)