Criminal act of rape

Your initial substantive response should be at least 500 words. All citations must be in Blue book format.

A thorough discussion of the use of force to accomplish the criminal act of rape may be found in Commonwealth v. Berkowitz, 641 A.2d 1161 (Pa. 1994).

Defendant was convicted of rape after being involved in an alleged acquaintance rape situation in a college dorm room. Defendant appealed his conviction. The appellate court reversed the defendant’s conviction and the Pennsylvania Supreme Court affirmed the reversal of defendant’s conviction. Jurisdictions require one of two standards in showing a use of force:

1. Force requiring some act in addition to the physical effort required to accomplish the sexual penetration; or

2. Simply that amount of effort required to accomplish the nonconsensual sexual penetration.

Defendant was convicted using the latter standard, but the appellate courts believed that the Pennsylvania statute required the former standard.

Please discuss the following:

1. Do you believe that these two standards are a proper “test” for the Court’s to use when determining if a rape occurred?

2. Do you agree with the Court in this case made the proper determination and why?
The case may be found at this link: scholar.google.com/scholar_case

This is a case involving Appelle who is the defendant and unidentified female college student who is the complainant. The act happened during school time where the complainant is said to have left class and after imbibing while in her dormitory, she proceeded to the lounge to wait for her boyfriend who failed to turn up and meet her at the lounge. The complainant decided to visit another friend identified as Earl Hassel, who was residing in another separate dormitory. Upon knocking the door and receiving no answer, she decided to get in as the door was unlocked. It is while inside that she found male friend of Hassel whom she had originally identified as Hassel. This was Appelle. The defendant lured the complainant into bed but she declined. It at this step he placed her on the bed, undressed her and had a penetrative sex with her……………………………………….