At a bar, Sue approaches Al because she recognized him from previously dating her roommate. Al buys Sue a few drinks and they talk for hours. As the bar closes, Al asks Sue to come back to his place for a few more drinks. Sue goes along, and when they get back to the apartment, Al takes Sue into the bedroom. There, Al begins taking off Sue’s clothes when she tells him to stop. Sue testifies that she told Al she had a boyfriend, hoping that would be incentive for Al to stop. Al continued to remove her clothing, then his own, and proceeded to have intercourse with Sue. When asked why she did not resist, she testified that she was afraid that he would hurt her. Her roommate had been beaten by Al in the past, and she was fearful that he would beat her as well. When the intercourse was

Question

complete, Sue ran out of the apartment and went to the police. Analyze and discuss the case under the extrinsic force and the intrinsic force tests.

What will be an ideal response?

Answer 1

Under the extrinsic force test, the defendant must have committed an act of force beyond the physical effort required to achieve sexual penetration. (Students must determine whether there existed any form of physical, intellectual, moral, emotional, or psychological compulsion to achieve sexual penetration. If there exists any form of coercion, then Al may be liable for rape under the extrinsic force.) Intrinsic force test establishes lack of free, affirmative, and voluntary consent. (Students must determine whether Sue gave voluntary consent to participate in a sexual interaction with Al. If not, then Al may be liable for rape under the intrinsic force test.)