From our private database of 22,300+ case briefs...
State v. Colbath
Supreme Court of New Hampshire
540 A.2d 1212 (1988)
A woman directed sexually provocative attention toward several male bar patrons, including Richard Colbath (defendant). The woman and Colbath left the bar and had sex in her trailer, where they were discovered by the woman's jealous roommate. The roommate violently attacked and injured the woman, and they fought. At the conclusion of the fight, the woman showed her injuries to the police and reported that Colbath had raped her. The police arrested Colbath, and the State of New Hampshire (plaintiff) prosecuted him for aggravated felony sexual assault. At trial, the judge allowed witnesses to testify about the woman's behavior in the bar and her fight with the roommate. However, the judge instructed the jury to consider this testimony only as background information, and not as bearing on whether the woman consented to having sex with Colbath. Colbath objected. The judge overruled the objection, without giving Colbath a chance to argue for the testimony's admissibility on the consent issue. The jury convicted Colbath and he appealed to the Supreme Court of New Hampshire.
Rule of Law
Holding and Reasoning (Souter, 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 516,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 516,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 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.