Boro v. Superior Court

163 Cal.App.3rd 1224, 210 Cal.Rptr. 122 (1985)

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Boro v. Superior Court

Court of Appeals of California, First District
163 Cal.App.3rd 1224, 210 Cal.Rptr. 122 (1985)

SR
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Facts

The victim received a phone call from a man who called himself “Dr. Stevens.” He claimed to have the results of the victim’s blood test. He informed her that she had contracted a life-threatening disease, and that her only options were to undergo a painful $9,000 surgery or pay $4,500 to have sexual intercourse with an anonymous donor who would be injected with a curative serum. The victim stated she did not have enough money to pay. The man said that a $1,000 down payment would suffice and they arranged for the victim to undergo the non-surgical option. The man arranged for the victim to meet the donor at a hotel. Petitioner Boro (defendant) arrived and engaged in sexual intercourse with her. The victim testified at trial that the only reason she engaged in sexual intercourse was that she thought her life depended on it. Boro was charged with rape, where sexual intercourse was obtained with one who was unconscious of the nature of the act. Boro challenges this charge.

Rule of Law

Issue

Holding and Reasoning (Newsom, J.)

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