Court Broadens Rape Definition // Victim's Fear is Key Element

Chicago Sun-Times | May 25, 1994| | Copyright

SAN FRANCISCO The California Supreme Court, broadening the parameters for criminal culpability in rape cases, has ruled that a man may be convicted of rape even if he was unarmed and the victim submitted without a struggle.

The unanimous decision may make it easier for prosecutors to win convictions in rape cases when the victim fails to call for help or fight off her assailant.

The court ruled Monday in a 1990 San Diego case in which a 22-year-old woman was raped on the eve of her wedding as she slept at a friend's house. She said she was too afraid to cry out or struggle.

A jury ...

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