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Crim Law Textbook Spring 2023- Chan Based on Ball/Oberman
Notes and Questions for State v. Alston
- Change the facts: How does the case conclusion change, if at all, if the Defendant told Brown, "have sex with me or I'll fix your face" right before the sexual incident?
- Change the statute: How does the case conclusion change, if at all, if the MPC is applied?
- Common Rape Myths Debunked: The case inadvertently points out a variety of rape myths, highlighted below. For more reading, see When Will We Be Believed - Rape Myths and the Idea of a Fair Trial in Rape Prosecutions by Morrison Torrey (24 U.C. Davis L. Rev. 1013 (1990-1991)). You will have to log in to the database using your SCU login.
- MYTH #1: Rapists are often strangers preying on other strangers. When the victim allows the rapist inside, they are "asking for it."
- Victims are more often raped by people they know than by strangers. (1025)
- MYTH #2: If the victim enjoyed prior consensual sex once, they must always enjoy it.
- This myth views consent and enjoyment as ongoing and irrevocable. In reality, consent should be received every time.
- MYTH #3: If the victim does not run away or lash out, that they are passive and complicit in the rape and therefore consenting.
- Many victims experience shock during the rape and are sometimes paralyzed. Everyone deals with trauma in their one way, and the 'freeze' reaction is completely appropriate.
- MYTH #4: Silence means consent.
- Consent should be clearly communicated. Silence does not mean consent has been given.
- MYTH #1: Rapists are often strangers preying on other strangers. When the victim allows the rapist inside, they are "asking for it."
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