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CB Boro v. Superior Court - considered an unconscious act...

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Boro v. Superior Court 210 Cal. Rptr. 122 (1985) Fact: Procedural Facts: Operative Facts: Ms. R worked at a Holiday Inn where she got a phone call from a ‘Dr. Stevens.’ The doctor said he got her blood test results and said she contacted a very infectious disease from the public restroom. He offered 2 ways to cure it. 1) A painful expensive medical procedure that cost $9k, and a long time in the hospital. 2) To have intercourse with a ‘donor’ that has the serum injected in them, that cost $4.5k. He was convicted of 2 counts of rape, 1 of unlawful sensual connection by fraud, 1 count of grand theft, 1 count of burglary. He is trying to dismiss 1 of the rape counts saying that the person was not at the time unconscious of the nature of the act. Issue: Broad Question: Narrow Question: When ‘Doctor Stevens’ fraudulently tricked the victim into sex, is it
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Unformatted text preview: considered an unconscious act? Rule: Subdivision 4- rape “where a person is at the time unconscious of the nature of the act, and this is known to the accused.” Rational: A person does not need to be physically or totally unconscious to be “unconscious” of the nature of the act. But the victim had known it involved intercourse with a penis, not other things like a medical instrument. Holding: No, the victim knew a penis was the instrument used in the act. Also, she could not claim that she was mentally retard to the extent that she did not know the nature of the sex act in which she engaged. She was only motivated by fear of disease, and death, succumbed to the defendants fraudulent blandishments. Synthesis: Dissent/Concurrences: Holmdahl, Associate Justice, dissent. He believes consent should have played a part on the subdivision 4 rape....
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