People v. Evans

85 Misc. 2d 1088, 379 N.Y.S.2d 912 (Sup. Ct. 1975)



Seduction, on the other hand, may be freely indulged in by both sexes. It involves allurement, enticement, or persuasion, to overcome initial unwillingness or resistance. Its ends may be achieved by fair means or foul, but seduction eschews the crudities of force and threats.


A 37-year-old bachelor, induced a 20-year-old college student to have intercourse with him. The bachelor posed as a psychologist and told the victim he was interviewing her for a magazine article. He led her to a bar and then to another man's apartment without the man's consent. The victim resisted his attempts to have intercourse until he asked her how she knew he was who he said he was, and stated that he could kill or rape her. Upon defendant's arrest, he escaped from the police car. He was charged with the rape of a college student. 


Did the sexual conquest of the victim constitute rape?




The court concluded that defendant's threats did not undermine the victim's capacity and will to resist because the controlling state of mind in deciding criminal intent was defendant's subjective state of mind. The words "I could kill you. I could rape you" were ambiguous because the court could not find either forcible compulsion or threat beyond a reasonable doubt, defendant was found not guilty on the charges of rape, sodomy and unlawful imprisonment. Defendant was found guilty of criminal trespass and escape in the second degree.

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