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Criminal Law Keyed to Ohlin
Boro v. Superior Court
Citation:
163 Cal. App. 3d 1224, 219 Cal. Rptr. 122 (1985)Facts
Ms. R. was employed as a clerk at a Holiday Inn. On March 30, 1984, at about 8:45am, she got a call from a person who identified himself as “Dr. Stevens” and said that he worked at a hospital.
“Dr. Stevens” told Ms. R. that he had the results of her blood test and that she had a dangerous, highly infectious and perhaps fatal disease. He told her that the only was to treat the disease was a painful surgical procedure that would cost her $9,000 and a six week hospital stay, or by having sex with an anonymous donor who had been injected with a serum that would cure the disease. The victim agreed to have intercourse with the mysterious donor, believing it was the only choice she had.
She discussed her intentions with her work supervisor and then went to a Hyatt Hotel as instructed. “Dr. Stevens” was furious when he learned that she had informed her employer of the plan. He told her to tell her employer that she had decided not to go through with the treatment, and Ms. R. did so. She then went to her bank and withdrew $1,000 as instructed and called “Dr. Stevens” once she arrived at another hotel.
About half an hour later, the defendant “donor” arrived at her hotel room. When Ms. R. had undressed, the “donor” had sexual intercourse with her. At the time of penetration, it was Ms. R’s belief that she would die unless she consented.
Ms. R.’s supervisor called the police and the police arrived at the hotel they were at. The defendant identified himself as “Dr. Stevens” and was apprehended. He was charged with rape in violation of Penal Code section 261(4). He filed a motion to dismiss, which was denied.
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