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Reavis v. Slominski

Supreme Court of Nebraska
551 N.W.2d 528 (1996)

Facts

Mary Reavis (plaintiff) began working at a dental clinic owned by James Slominski (defendant) in Nebraska in 1969. Reavis married a third party in 1972. Despite Reavis’s marriage, Slominski and Reavis began to engage in sexual relations in 1973. Although Slominski never physically forced Reavis to have sex, Reavis felt that she had no other choice because she needed the job. Reavis moved away in 1975 but moved back in 1978. In 1988, Reavis again accepted a position in Slominski’s office on the condition that he leave her alone. In 1991, Slominski began kissing Reavis during an office party. Reavis initially refused, but eventually had sex with Slominski, feeling that she had no other choice. Reavis later told her husband about the event and attempted to commit suicide by ingesting sleeping pills. Eventually, Reavis brought a suit against Slominski, claiming sexual assault. The trial court refused to instruct the jury on effective consent, and a verdict was returned in favor of Reavis. Slominski’s motion for a directed verdict was denied. Slominski appealed the decision.

Rule of Law

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Issue

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Holding and Reasoning (Lanphier, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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