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
the intercourse was complete, Marge ran out of the apartment and went to the police. Analyze and discuss the case under the intrinsic force test.
What will be an ideal response?
Intrinsic force test establishes lack of free, affirmative, and voluntary consent. Students must determine whether Marge gave voluntary consent to participate in a sexual interaction with Jim. If not, then Jim may be liable for rape under the intrinsic force.
You might also like to view...
Which conditions of probation are common to many probation agencies?
a. association b. chemical analysis c. conduct d. all of the above
By early 2018, nine states had laws that allow the possession of small amounts of marijuana. These states did not legalize marijuana, but it is ______.
A. Castle Doctrine B. justifiable C. decriminalized D. mala in se
The common law mens rea of malice required that the defendant act with wickedness or moral depravity in forming specific intent to commit a proscribed act or cause a harmful result.
Indicate whether the statement is true or false.
Not being able to find a job, Nicole List becomes increasingly frustrated as she visits her unemployment office each month. On Nicole's most recent visit, she became verbally abusive and threatening to the unemployment representative. Continuing her abusive tirade, Nicole stood up and leaned over the representative's desk. In fear and frustration, the unemployment representative hit Nicole with a
stapler that was on the desk. Nicole's victimization in this case might be termed: a. passive precipitation b. active precipitation c. atoned precipitation d. reactive precipitation