Get more case briefs explained with Quimbee. Quimbee has over 35,900 case briefs (and counting) keyed to 984 casebooks ► [ Ссылка ]

People v. Galvarino-Gonzalez | 2003 WL 21214264 (2003)

Forcible rape, as the name makes clear, requires the use of force. Some jurisdictions define force as anything other than the force inherent in the sex act itself. This is the traditional extrinsic-force standard. Other jurisdictions follow the modern intrinsic-force standard, which provides that the force inherent in the sex act itself suffices for a conviction. The California case of People versus Galvarino-Gonzalez provides an example of the extrinsic-force standard.

Myrna A., a woman with an intellectual disability, was waiting for her brothers in the alley behind her apartment when Hector Galvarino-Gonzalez drove by. He stopped and told Myrna to get in. When she said no, he lifted her into the truck and drove to a motel. On the way, he fondled her even though she repeatedly told him to stop. Once they arrived in the motel room, Galvarino-Gonzalez locked the door and continued fondling her despite her protest. He then pulled down her pants while she tried unsuccessfully to hold them up. He then sexually penetrated her, ignoring her crying and demands for him to stop.

The People of California charged Galvarino-Gonzalez with forcible rape.

The jury convicted him, and he appealed to the California Court of Appeal, arguing that the evidence failed to prove that he used sufficient force to overcome Myrna’s will.

Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: [ Ссылка ]

The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Try it free for 7 days! ► [ Ссылка ]

Have Questions about this Case? Submit your questions and get answers from a real attorney here: [ Ссылка ]

Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► [ Ссылка ]

Quimbee Case Brief App ► [ Ссылка ]

Facebook ► [ Ссылка ]

Twitter ► [ Ссылка ]

#casebriefs #lawcases #casesummaries

свернуть