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Criminal Law - Rape


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State v. Alston
Cottie was in relationship with guy who raped her. She never resisted using force. Absent evidence that the defendant used force or threats to overcome the will of the victim to resist the sexual intercourse alleged to have been rape, such general fear was not sufficient to show that the defendant used the force required to support a conviction of rape
Rusk v. State
21 year old divorced mom went barhopping and raped by guy she drove home. Rule: The victim’s fear which overcomes her will to resist must be reasonable. Holding: In the absence of any other evidence showing force used by the appellant, we find that the evidence was insufficient to convict appellant of rape.
State v. Rusk
Holding: Judgment of Court of Special Appeals reversed; case remanded to that court with directions that it affirm the judgment of the criminal court of Baltimore.
Commonwealth v. Berkowitz
"That we got carried away." Rape is defined as “sexual intercourse by forcible compulsion” – not enough evidence to support defendant used force to compel her to engage in a sexual act
State of New Jersey in the Interest of M.T.S.
Victim wakes up with defendant on top of her. If you have penetration that is enough for force; if there is no consent freely given – words or acts so that a reasonable person would believe there was permission.
People v. John Z.
Juan and John – withdrawn consent. Vela Court says initial penetration is what causes the moral outrage (about human dignity); Court did not accept the D’s “reasonable time” argument and accepted that victim told D 3 times she wanted to go home etc.
Commonwealth v. Sherry
Doctor's menage trois party. Court is not aware of any American court of last resort that recognizes mistake of fact, without consideration of its reasonableness as a defense; nor do the defendants cite such authority – no error on convictions.
Boro v. Superior Court
Surgery or sex with a guy who has been injected with serum.  Fraud in the inducement: She knew it was sex but it was a “medical procedure”. What kind of fraud in the inducement will still get you a rape charge? If you pretend to be their spouse!
Difference between fraud and rape? Burro is guilty of a crime but not guilty of rape!

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