Commonwealth v. Mlinarich

542 A.2d 1335 (1988)

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Commonwealth v. Mlinarich

Pennsylvania Supreme Court
542 A.2d 1335 (1988)

SC
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Facts

Joseph Mlinarich (defendant), the victim’s guardian, threatened the victim that if she did not engage in sexual acts with him, he would send her back to a juvenile detention facility. The victim chose to engage in the sexual acts rather than be returned to the facility. She reported the abuse and the Court of Common Pleas of Cambria County convicted Mlinarich of rape. The superior court reversed the conviction. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Nix, C.J.)

Dissent (Larsen, J.)

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