## Facts

- A juvenile delinquency petition alleged John Z., a minor, committed forcible rape (Cal. Penal Code § 261(a)(2)) and that a prior juvenile disposition was ineffective.
- At a party, the victim (Laura T.) engaged in consensual kissing and sexual touching with John Z.
- Intercourse began with initial consent and penetration.
- During intercourse, Laura attempted to pull away; John Z. restrained her by holding her hips and continued intercourse despite her resistance.
- The juvenile court found Laura withdrew consent, communicated that withdrawal through words and actions, and John Z. continued by force, committing forcible rape.

## Issues

1. Whether forcible rape under Penal Code § 261(a)(2) is committed when a victim initially consents to penetration but withdraws consent during intercourse and the defendant continues against the victim’s will.
2. Whether substantial evidence supported the juvenile court’s finding that the victim withdrew and communicated withdrawal of consent and that the minor continued intercourse by force and against her will.

## Decision

- The California Supreme Court affirmed the Court of Appeal and the juvenile court’s forcible rape finding.
- The Court held that withdrawal of consent during intercourse nullifies earlier consent; continued intercourse after communicated withdrawal can satisfy § 261(a)(2) if accomplished by force, violence, duress, menace, or fear of immediate unlawful bodily injury.
- The Court found substantial evidence that the victim withdrew consent, that withdrawal was communicated, and the minor used physical restraint to continue intercourse.
- The Court rejected the rule that consent at initial penetration forecloses rape liability for continued intercourse after consent is withdrawn.

## Legal Principles

- Consent to sexual intercourse is revocable; prior consent does not authorize continued intercourse after consent is withdrawn.
- Forcible rape under Penal Code § 261(a)(2) may occur when (1) consent is withdrawn during intercourse, (2) withdrawal is communicated, and (3) the defendant continues intercourse against the victim’s will by force or fear.
- In reviewing sufficiency of the evidence in juvenile delinquency adjudications, appellate courts defer to the trier of fact’s credibility determinations and uphold findings supported by substantial evidence.
- Whether continued consent existed may be assessed using objective reasonableness, including whether a reasonable person would understand consent had been withdrawn.

## Conclusion

The court held that a victim’s communicated withdrawal of consent during intercourse terminates any earlier consent, and continued intercourse by force or fear thereafter constitutes forcible rape; substantial evidence supported the juvenile court’s finding that John Z. committed forcible rape.


In re John Z., 29 Cal. 4th 756 (Cal. 2003)