California Court of Appeal
163 Cal. App. 3d 1224 (1985)
A “Dr. Stevens” called Ms. R. and told her that her blood tests had revealed a highly infectious and dangerous disease that is spread through the use of public toilets. The “doctor” told her that there were two ways to cure it. One was a very expensive and highly invasive surgery. The other was for her to have sexual intercourse with a “donor” who had been injected with a serum that would cure the disease. Believing she had no choice, Ms. R. went to a hotel room and had sex with this anonymous donor, Boro (defendant). The prosecution charged Boro with rape on the theory that the victim was, at the time, unconscious of the nature of the act.
Rule of Law
Holding and Reasoning
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