Also known as: reasonable mistakes of fact · mistake of fact defense
Written by attorneys · grounded in primary & secondary sources — see below
A principle that denies an actor the privilege of self-defense against force the other is privileged to inflict, except where the other's privilege rests on a reasonable mistake of fact not caused by the actor's own fault.
Roland Rhodes swung at Rina Rahman after she raised her arm toward him during an argument. Rina had actually intended only to brush away an insect, but Roland honestly and reasonably believed she was about to strike him. Because Rina's privilege to use force rested on a reasonable mistake of fact not caused by Roland, he may defend against her claim of battery.
During a heated sidewalk dispute, Alex Ames shoved Billie Bates after Billie suddenly reached into a jacket pocket. Billie was only retrieving a phone, but Alex held an honest and reasonable belief that a weapon was about to be drawn. Because the privilege Billie would have enjoyed rested on a reasonable mistake of fact not caused by Alex, Alex may assert the defense.
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Tina Torres struck at Victor Vale after he lunged forward with an object in hand during a bar argument. Victor intended only to hand Tina her dropped keys, but Tina's honest and reasonable belief that she faced an imminent blow rendered her responsive force privileged. Because Victor's privilege rested on a reasonable mistake of fact not caused by Tina, she may defend against his battery claim.
Yes. The defense requires that the actor's belief be both subjectively honest and objectively reasonable under the circumstances. An unreasonable belief, even if sincere, will not excuse liability.
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No. Even a reasonable and honest mistake about boundaries or easements does not create a privilege to enter land possessed by another when the possessor induced no part of the mistake.
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Yes, provided the defendant raises a reasonable doubt that the belief existed and was both honest and reasonable. The mistake must be incompatible with the required wrongful intent.
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No. The privilege or excuse is unavailable if the actor's own conduct caused the mistake of fact on which the other party relied.
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…intercourse is a defense to rape. ( Id. at p. 155.) Mayberry is predicated on the notion that under section 26,[^maj-4] reasonable mistake of fact regarding consent is incompatible with the existence of wrongful intent. ( People v. Mayberry , supra , 15 Cal.3d at pp. 154-155; see People v. Hernandez (1964) 61 Cal.2d 529, 535 [39…