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Criminal Law Keyed to Ohlin
State v. Davis
Citation:
388 S.E.2d 508 (1989)Facts
The victim, a close friend of the defendant’s family, went to the defendant’s mobile home to pick up her laundry. While there, the defendant’s son, Gerald Davis, followed her and tried to force her to go to his bedroom. She ran into the living room and pleaded with the defendant to help her. The defendant, who had been drinking, told her he could not help her. She tried to keep the defendant between Gerald and herself, but the defendant moved out of the way. Gerald dragged her into his bedroom while the defendant followed. Gerald raped her while the defendant lay next to them on the bed. Throughout, she begged the defendant to help her but he just patted her hand and told her not to worry.
The defendant was convicted of second-degree sexual assault, sexual abuse, and abduction on the basis that he aided and abetted his son in these crimes. The defendant appealed, and the State contended that the abduction and sexual abuse convictions must be set aside, but the conviction of sexual assault is valid.
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Topic Resources
Topic Outline
Elements of a CrimeTopic Refresher Course
Elements of a Crime: Actus Reus