A test on the determined rape casecriminal law forum discussion min 500 words in text citations bluebook formatYour 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 defendants conviction and the Pennsylvania Supreme Court affirmed the reversal of defendants 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; or2. Simply that amount of effort required to accomplish the nonconsensual sexual penetration.Defendant was convicted using the la
tter 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 Courts 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_caseAnswer previewThis 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
.Word count :558 Words
Format:APA
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