Get more case briefs explained with Quimbee. Quimbee has over 20,000 case briefs (and counting) keyed to over 223 casebooks ► [ Ссылка ]

People v. Evans | 379 N.Y.S.2d 912 (1975)

Enticing another person to engage in sexual intercourse using fraud or deceit was a civil action at common law. In some jurisdictions, it was also a criminal offense. In People versus Evans, a New York trial court considered whether such actions constituted criminal liability under a state statute for first-degree rape.

Martin Evans, a thirty-seven-year-old man, introduced himself to Beth Peterson, a twenty-year-old female student, at LaGuardia Airport in New York. Evans claimed to be a psychologist writing a magazine article and asked if he could interview Peterson. Evans asked her to accompany him to a bar in Manhattan so he could observe her reactions and those of the men in the bar. After a few hours, Evans invited Peterson to his apartment, explaining he used it as one of several offices across the city. Peterson naively agreed.

Two hours after the pair arrived at the apartment, Evans tried to remove Peterson’s clothes. When she rejected Evans, he told her she had failed his psychological experiment. Evans then pointed out that Peterson was in a stranger’s apartment and had no way of knowing if he was actually a psychologist. He stated that he could easily hurt her, rape her, or kill her. After Peterson became visibly afraid, Evans changed his approach. He told Peterson that she reminded him of his former girlfriend who died after driving her car off a cliff. Peterson became sympathetic and had sexual intercourse with Evans several times before leaving the apartment the next morning.

Evans was later arrested and charged with first-degree rape. A state statute defined first-degree rape as engaging in sexual intercourse by forcible compulsion, which was defined as physical force or a threat that places a victim in fear of immediate death or serious injury.

At a bench trial in the New York County Supreme Court, there was no evidence of torn clothing, scratches, or bruises. However, Peterson testified that Evans used his body to pin her down.

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 20,000 case briefs keyed to over 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