A victim was forced into a drain and sexually assaulted by assailant. The court relied on the Penal Code and case law for the law establishing that force is not a necessary element of rape, but it can be evidence of lack of consent. Rape is "unlawful sexual intercourse with a woman or girl, without her consent, or with consent if that consent is obtained by force or threats or intimidation of any kind." The defendant was found guilty.
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Year
2004
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- Jurisdiction
Avon Center work product
ID
159