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

Question

the intercourse was complete, Marge ran out of the apartment and went to the police. Analyze and discuss the case under the extrinsic force test.

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. The 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 Jim may be liable for rape under the extrinsic force.