What is a People v. Mayberry Consent Jury Instruction?

A People v. Mayberry defense involves a defendant’s reasonable, but wrong, good faith belief in the victim’s consent, often in the context of a sex offense. A jury instruction on this issue would allow the jury to find defendant did not engage in forcible sexual contact if he had a good faith belief in the victim’s consent to such sexual contact. If such an instruction is given, then defendant may not be found to have engaged in forcible sexual contact. The key is establishing evidence of consent, as the following case summary explains. Please click on the following link to read the case summary – https://www.greghillassociates.com/what-is-a-people-v-mayberry-consent-jury-instruction.html

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