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Criminal Law Keyed to Kadish
State in the Interest of M.T.S.
Citation:
609 A.2d 1266 (1992)Facts
On May 21, 1990, M.T.S., a seventeen-year-old boy, was temporarily residing in the home of fifteen-year-old C.G. and her mother. According to C.G., M.T.S. had previously made comments about making a “surprise visit” to her bedroom, which she dismissed as jokes. C.G. testified that around 1:30 a.m. on May 22, she awoke to use the bathroom, saw M.T.S. in her doorway, and later fell into a “heavy sleep.” She claimed she next awoke to find M.T.S. on top of her with his penis in her vagina, at which point she slapped him and told him to get off and get out. M.T.S., however, testified that he and C.G. had been “kissing and necking” for several days, and that on the night in question, they engaged in consensual kissing and touching that led to sexual intercourse, during which C.G. suddenly told him to stop. The trial court found that while C.G. had consented to kissing and heavy petting, she had not consented to sexual penetration. The court did not find that C.G. had been sleeping at the time of penetration as she claimed.
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