Key

James Key appeals his convictions for kidnaping Judy S. (Pen. Code, § 207), forcing her to orally copulate him (§ 288a, subd. (c)), raping her twice (§ 261, subd. (2)) and assaulting her with a deadly weapon (§ 245, subd. (a)). The jury found Key used a knife during the first two offenses (§ 12022, subd. (b)).

The trial court admitted evidence of a prior uncharged incident of a sexual assault, rape and oral copulation to corroborate Judy S.’s credibility in rebuttal of Key’s testimony she willingly engaged in sexual intercourse.

The principal issue we address is whether otherwise inadmissible evidence of Key’s uncharged prior sexual misconduct similar to that currently alleged, became admissible solely because he testified the prosecuting witness willingly consented to the intercourse. We hold a defendant charged with forcible rape introduces no additional material issue by a claim of consent. Accordingly, admitting such evidence violated the prohibition in Evidence Code section 1101, subdivision (a), and requires reversal of the forcible rape conviction.

We reverse the other convictions because the trial court erroneously told the jury it could also use the evidence…