IN RE JOHN Z.

No. S103427.

128 Cal.Rptr.2d 783 (2003)

29 Cal.4th 756

60 P.3d 183

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

Supreme Court of California.

January 6, 2003.


Attorney(s) appearing for the Case

Carol L. Foster, under appointment by the Supreme Court, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Assistant Attorney General, Michael J. Weinberg, Stan Cross and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent.

Wendy J. Murphy, Boston, MA, Barbara F. Berenson, Cambridge, MA; Gina S. McClard, Douglas E. Beloof, Portland, OR; Bingham McCutchen, Leslie G. Landau and Alison Beck, Boston, MA, for the Victim Advocacy and Research Group, the National Crime Victim Law Institute, the California Coalition Against Sexual Assault and the National Sexual Violence Resource Center as Amici Curiae on behalf of Plaintiff and Respondent.


CHIN, J.

We granted this case to settle a conflict in Court of Appeal decisions as to whether the crime of forcible rape (Pen.Code, § 261, subd. (a)(2)) is committed if the female victim consents to an initial penetration by her male companion, and then withdraws her consent during an act of intercourse, but the male continues against her will. (Compare People v. Vela (1985) 172 Cal.App.3d 237,

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