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”.
Analysis:
Conclusion:
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