Commonwealth v. Berkowitz

Superior Court of Pennsylvania, 1992.

415 Pa.Super. 505, 609 A.2d 1338.

Dressler, pp. 385-394


Facts: The defendant was convicted of rape and indecent assault. 


Issue: Under the Pennsylvania statute at the time, does saying “no” constitute force on the part of the defendant?


Rule: Under the rule of Rhodes, the judgment of whether forcible compulsion or the threat of forcible compulsion occurred is to be judged on the “totality of the circumstances”.






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