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Criminal Law Keyed to Gershowitz
People v. Liberta
Citation:
64 N.Y.2d 152, 474 N.E.2d 567.Facts
The defendant and Denise Liberta were married. Shortly after the birth of their son, the defendant began to beat Denise. A temporary order of protection was issued to her. Under the order the defendant was to move out and remain away from the family home, and stay away from Denise. The order provided that the defendant could visit with his son once each weekend.
On the weekend of March 21, 1981, the defendant, who was then living in a motel, did not visit his son. On Tuesday, March 24, 1981 he called Denise to ask if he could visit his son on that day. Denise would not allow the defendant to come to her house, but she did agree to allow him to pick up their son and her and take them both back to his motel after being assured that a friend of his would be with them at all times. The defendant and his friend picked up Denise and their son and the four of them drove to defendant’s motel.
When they arrived at the motel the friend left. The defendant attacked Denise, threatened to kill her, and forced her to perform fellatio on him and to engage in sexual intercourse with him. The son was in the room during the entire episode, and the defendant forced Denise to tell their son to watch what the defendant was doing to her.
The defendant was convicted of rape and sodomy. He appealed, arguing that his convictions are improper due to marital exemption.
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