In People v. Vela (1985) 172 Cal. App. 3d 237, evidence was presented showing the victim initially consented to sexual intercourse, during the act the victim changed her mind, and the victim communicated to the defendant that she had withdrawn her consent but defendant continued the act. (172 Cal. App. 3d at p. 240.) The jury queried during deliberations whether sexual intercourse after consent is withdrawn constitutes rape and the court initially answered in the affirmative but later instructed the jury there was no definitive answer. (Ibid.) Vela concluded that when a rape victim withdraws her consent after penetration, no rape occurred and reversed defendant's rape conviction for the trial court's failure to so instruct. Vela determined that any withdrawal of consent must occur prior to penetration. ( Id. at pp. 242-244.)