Friday, September 14, 2012

State v. Evans case brief

State v. Evans: D convinces her to participate in his “study” about how men would react to her. She agrees to go with him to NYC and later to his apartment/office. D was disappointed that she failed the test and that his advances were part of the experiment. He went on to say “I could kill you. I could rape you”. They later engaged in sex multiple times. He’s charged with 1st degree rape –Does this deception qualifies as forcible compulsion under the law? The court finds that what he said could be interpreted as a threat of force but finds that it is not her perception that is important – it is his mind that counts! If he didn’t intend a forcible threat, then it is not a threat and not rape… rape, like other crimes, has a mens rea requirement!
    1. Deception/Fraud Issue: In this case, Fraud is NOT force and the statutory language requires force, thus no rape.
      1. One of the problems of making fraud a sexual crime is that it is part of normal sexual behavior! Ex: I will respect you in the morning / I have a lot of money, etc.

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