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Commonwealth v. Gonzalez

109 A.3d 711 (2015)

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Commonwealth v. Gonzalez

Pennsylvania Superior Court
109 A.3d 711 (2015)

  • Written by Alexander Hager-DeMyer, JD

Facts

David Gonzalez (defendant) met KM, a cerebral palsy patient, on a Christian dating website. The two met up to watch a movie at Gonzalez’s home. Gonzalez and KM eventually started kissing on the couch and touching while clothed. Gonzalez asked whether KM wanted to go to the bedroom, and KM agreed. KM assumed that the bedroom activities would include only continued kissing and clothed touching because she had told Gonzalez that she did not want to have sex until marriage. Once in the bedroom, Gonzalez took KM’s crutches and put them out of reach, making it impossible for KM to get up from the bed due to her condition. Gonzales then removed KM’s clothing and laid on top of her. KM told Gonzalez not to continue, but Gonzalez instead moved her legs into position for him to engage in sexual penetration. Due to the cerebral palsy, KM was unable to move her legs in resistance and repeatedly called out in pain. After the incident, Gonzalez was charged with and convicted of rape. Gonzalez appealed the conviction to the Pennsylvania Superior Court, challenging the sufficiency of the evidence to show the force required by Pennsylvania’s rape statute.

Rule of Law

Issue

Holding and Reasoning (Jenkins, J.)

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