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Criminal Law Keyed to Osler
United States v. Bentone
Citation:636 F. 3d 384 (8th Cir. 2011)
First Charge- Defendant was at a party at a friends house. He and another attendee, Tate Jensen, both stayed overnight in the living room because they were too drunk to go home. Jensen slept on the couch while the defendant slept on the floor beside him. According to the defendant, the two stay up talking and flirting. Defendant, who was gay but not out in his community, started to fondle Jensen and fellated him. Somebody came into the living room and turned on the lights, and then Jensen pushed the defendant off of him. According to Jensen, he was passed out on the couch and awoke when the lights were turned on. He never consented to oral sex and fled the house after the interaction. This was not investigated further because Jensen said he was too ashamed to report it.
Second Charge- Defendant drove up to Valance Blue Arm who was walking down the street. Even though Blue Arm was just down the street from his home, he accepted. Defendant offered Blue Arm a beer and a cigarette and drove to his own home instead of Blue Arms. Blue Arm has diminished mental capacity, his sister testified that he functions like a little boy, watches children’s television everyday, and is always talking to himself. However, once inside the defendant’s home the defendant fellated Blue Arm twice and they had anal sex. Defendant testified that Blue Arm kissed him back and was sexually aroused, so he thought Blue Arm was consenting. Blue Arm testified that he was scared and was not allowed to go anywhere. He was afraid he would get in trouble so he did not say no to the defendant. After he left Blue Arm checked himself into the emergency room.
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