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Criminal Law Keyed to Dressler
People v. John Z
Facts
The victim had been acquainted with another minor Juan G., for about two weeks, when he called her to ask for a ride to the minor’s house for a party. The victim assented and despite initially saying she would not stay because she had other plans, she remained at the party. The minor and Juan G. drank beer at the party, but the victim did not. During the evening, the victim and Juan G. went into the minor’s parents’ bedroom where Juan G. asked the victim to have sex. The victim stated that she was not ready. Sometime later, the minor asked the victim to talk to him in his bedroom. He told her that Juan G. did not like her, but the minor wanted the victim to be his girlfriend. Juan G. then entered the bedroom and the minor went to take a phone call. When the minor returned, he asked if it was her fantasy to have sex with two guys. The victim replied that it was not, but they began to kiss her and remove her clothing. The victim resisted, but they began to fondle her breasts and “finger” her. The victim enjoyed herself at first. The victim objected, though, when Juan G. removed his pants and put on a condom. He then attempted to have sexual intercourse and she resisted. The encounter ended when the condom slipped off. Juan G. left the room at that time. The minor then reentered the bedroom. He again began to kiss her, rolled over on top of her and inserted his penis into her vagina. The minor then rolled over so that the victim was on top of him. The victim tried to pull away, but the minor held onto her hips. Finally, the minor let her go and the victim went home.
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