People v. IckeAnnotate this Case
Icke, a chiropractor, was convicted of sexual penetration by fraudulent misrepresentation of professional purpose. (Pen. Code 289(d)(4)). The jury found that Icke digitally penetrated a client for a sexual purpose during a chiropractic massage. The court of appeals affirmed, rejecting Icke’s argument that the trial court erred in rejecting a proposed jury instruction that would have stated he was not guilty of violating section 289(d)(4) if he penetrated the client against her will. The court found the argument foreclosed by the California Supreme Court’s 2016 decision, People v. Robinson, which held the “unconsciousness” requirement of fraudulent misrepresentation of professional purpose crimes is the equivalent of a lack of consent. Icke also argued his conviction was not supported by sufficient evidence because the victim protested and did not actually believe he was acting for professional purposes at the time of the act. The court held that a victim’s misgivings do not exonerate a defendant under section 289(d)(4) if the evidence establishes that the victim allowed a sexual touching to occur because of a representation of professional purpose.