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Criminal Law Keyed to Kaplan
State v. Barela
Citation:
2015 UT 22Facts
The defendant, Barela, was a licensed massage therapist who provided a massage to the victim. During the massage, Barela allegedly digitally penetrated the victim’s vagina. The victim testified that she initially believed this was part of the legitimate massage therapy but later realized it was sexual in nature. She claimed she froze and did not resist because she was in shock. Barela contended that the sexual contact was consensual. At trial, the jury was instructed that consent was not a defense if it was obtained by deception that “overcame the victim’s resistance.” The jury convicted Barela of object rape and forcible sexual abuse.
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