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All main topics / Law / Criminal Law / Crim 1L
14
Berkowitz
Force is physical force or mental if unequal position.

Dorm room.  Talking, straddled her and fondled, tried to put his penis in her mouth.  She said no, I gotta go.  Rapist locked door.  Put her on the bed, took off her pants, raped her, she said no no no.  Rapist said we got carried away, she said no you got carried away.  Force must be physical, or if mental must have unequal positioning of the parties.  Age, mental and physical conditions, atmosphere of physical setting, if rapist was in position of authority, etc.
Tags: Rape
Source:
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Criminal Law
Published: 26.03.2010

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