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IN RE JOHN Z.

No. C036210.

114 Cal.Rptr.2d 89 (2001)

94 Cal.App.4th 33

In re JOHN Z., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. John Z., Defendant and Appellant.

Court of Appeals of California, Third District.

Review Granted February 20, 2002.

Attorney(s) appearing for the Case

Carol L. Foster, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Michael J. Weinberger, Supervising Deputy Attorney General, John G. McLean, Supervising Deputy Attorney General, for Plaintiff and Respondent.

SIMS, J.

In People v. Vela (1985) 172 Cal.App.3d 237, 218 Cal.Rptr. 161 (Vela), the Fifth District held that the crime of forcible rape (Pen.Code, § 261, subd. (a)(2)) is not committed where a woman consents to initial penetration by the male but the woman withdraws consent during intercourse and the male continues intercourse against the woman's will.

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