People v. Jansson

323 N.W. 2d 508 (1982)

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People v. Jansson

Michigan Court of Appeals
323 N.W. 2d 508 (1982)

  • Written by Rose VanHofwegen, JD

Facts

Gustave Jansson (defendant) was charged with third-degree criminal sexual conduct for having sexual intercourse with someone without her consent. The evidence at trial did not show the victim ever explicitly told Jansson she did not want to have sex, but the court nonetheless convicted. Jansson appealed, claiming that without some manifestation of unwillingness, he had no way to know that his victim had not consented. Jansson argued that unless she verbally said she did not want to have sex, he could assume any signs of physical resistance amounted only to “the final token manifestations of modesty.”

Rule of Law

Issue

Holding and Reasoning (Tahvonen, J.)

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Casebooks

Criminal Law

Key Terms

  • RapeUnlawful sexual intercourse without the victim's consent and usually by some means of actual or threatened coercion.
  • ConsentA defense to a claim of intentional harm, based on the alleged victim’s voluntary exposure to the defendant’s invasive or offensive contact.

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