Boro v. People

A caller posing as "Dr. Stevens" told Ms. R. that her blood tests showed a dangerous, contagious disease and that her only cure options were an expensive, invasive surgery or sex with an anonymous "donor" who had supposedly been injected with a curative serum. Believing she had no real choice, Ms. R. went to a hotel and had sex with the donor, Boro (defendant). The prosecution charged Boro with rape on the theory that Ms. R. was legally "unconscious of the nature of the act" because her consent was procured by fraud.