Friday, March 23, 2012

BARBARA A. V. JOHN G. case brief

BARBARA A. V. JOHN G.
• D attorney representing P client in her divorce case
• attorney and client have two sexual encounters
• D told her he could not get her pregnant – a big lie – she did get pregnant
• P’s claim is battery, and D’s defense is consent
• Did P consent to this level of risk? No – she consented to unprotected sex with a sterile man, not unprotected sex with a virile man
• Court finds for P – nature of the relationship (attorney-client) really disturbs the court

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