Citation. 85 Misc. 2d 1088, 379 N.Y.S.2d 912, 1975 N.Y. Misc. 3343.
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Brief Fact Summary.
D was charged with raping a woman however the evidence offered showed that D never resorted to physical force, but instead seduced the woman by playing on the emotions of fear and sympathy. The woman offered little resistance during the various sexual acts that took place.
Synopsis of Rule of Law.
Rape is achieved by forcible compulsion which requires physical force by the defendant; rape cannot be achieved by fraud or trick so long as there is actual consent to the act of intercourse.
D induced the complainant, a stranger to the D, to come up to his apartment which he explained to her was used as one of his offices. While in the apartment he played on her emotions of fear and then sympathy, ultimately culminating in two engaging in several sexual acts during the course of the evening. There was no evidence that D resorted to actual physical force and the complainant offered little resistance during the course of the various sexual acts that took place. The complainant argued that D threatened her verbally, which paralyzed her ability to resist. For example, D said “