Boro v. Superior Court

Ms. R. worked at a hotel. 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.

About half an hour later, she met with the defendant “donor” at a 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. He filed a motion to dismiss, which was denied. He appealed. The state contends that, at the time of intercourse, Ms. R. was unconscious of the nature of the act because she believed it was in the nature of a medical treatment and not a simple, ordinary act of sexual intercourse. The defendant  stresses that the victim was plainly aware of the nature of the act in which she voluntarily engaged, so that her motivation in doing so is irrelevant.