Supreme Court of California
60 P.3d 183 (2003)
Juan G. asked 17-year-old Laura T. to drive him to a party at John Z.’s (defendant) house. At the party, both Juan and John consumed alcohol, but Laura did not. Juan expressed a desire to have sexual intercourse with Laura, but Laura declined. When John and another party guest asked Laura why she was unwilling, Laura explained that she was not ready. Later that evening, John asked Laura to accompany him to his bedroom, and he asked Laura be his girlfriend. Juan then also came into the bedroom. John and Juan asked Laura if she fantasized about being with two men and began kissing Laura and removing her clothes. The boys then touched Laura’s breasts and digitally penetrated her. Laura did not object to this conduct. John then left the room while Juan had sexual intercourse with Laura over Laura’s objections. After Juan left the bedroom, John returned and began kissing Laura and complimenting her body. Without any overt objection from Laura, John rolled her onto her back and began to have sexual intercourse. John then rolled so that Laura was on top of him. Laura testified that she repeatedly tried to pull up and extract herself from John, but that he insistently pulled her back onto him. After John rolled Laura back underneath him, Laura attempted to get away and told John that if he was interested in a relationship with her then he would respect her wishes that she didn’t want to have intercourse. Laura also repeatedly informed John that she needed to leave to go home. John continued the sexual intercourse for five to 10 minutes after Laura began objecting to the conduct. John was convicted of forcible rape under California Penal Code § 261(a)(2), and the appellate court affirmed the conviction. John appealed on the ground that the evidence was insufficient to support liability for forcible rape.
Rule of Law
Holding and Reasoning (Chin, J.)
Dissent (Brown, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.