Criminal Law Keyed to Dressler
Rusk v. State
The Defendant and the victim met at a bar. After a short conversation, the victim said that she was ready to leave and the Defendant asked for a ride home. The victim assented. She parked at the curb on the side of the street opposite the Defendant’s house but did not turn off the ignition. The Defendant then asked the victim to come up to his apartment and she refused. After more attempts to convince the victim to come upstairs, the defendant finally took the keys out of the car, walked over to the driver’s side, opened the door and asked if she would now come up. Finally, she assented to come up to his apartment. Once inside, the Defendant eventually turned off the light and asked the victim to get into bed with him. He pulled her onto the bed and began to remove her blouse. The victim removed her pants and his clothing because he asked her to. When he put his hands on the victim’s throat and lightly choked her, the victim asked if she did what the Defendant wanted would he let her go. The Defendant said yes. The victim performed oral sex on the Defendant and they had sexual intercourse.
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