Supreme Court, New York County, Trial Term
379 N.Y.S.2d 912 (1975)
Evans (defendant), a 37-year-old single man struck up a conversation with Miss P., a 20-year-old female who had just arrived at New York’s LaGuardia Airport. Evans lied and told Miss P. he was a psychologist doing a magazine article and asked if she would like to be interviewed. Evans invited the naïve Miss P. to go with him in his car into Manhattan where they went to a singles bar. After several hours there, Evans enticed Miss P. to go to his apartment which he said was used as one of his five offices or apartments throughout the city. After nearly two hours, Evans pulled Miss P. off his sofa-bed and attempted to take her clothes off. She refused and Evans told her that it had all been a test. Then Evans said, “[L]ook where you are. You are in the apartment of a strange man. How do you know that I am really who I say I am? How do you know that I am really a psychologist?” Then he said, “I could kill you. I could rape you. I could hurt you physically.” Even though Miss P. thereafter became very afraid, she eventually had sexual intercourse with Evans a number of times. Evans was charged with first-degree rape. At a non-jury trial, Miss P. stated Evans pinned her down by his body. However, there was no evidence of torn clothing, scratches, or bruises. Evans was found guilty and he appealed.
Rule of Law
Holding and Reasoning (Greenfield, 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 241,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 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.