Boro v. Superior Court

A man calling himself "Dr. Stevens" phoned the victim and told her she had a life-threatening disease, curable only by a painful $9,000 surgery or by paying to have sex with an anonymous donor injected with a curative serum. The victim, unable to afford the full fee, paid a $1,000 deposit and met the arranged donor, Boro (defendant), at a hotel, where they had intercourse. She testified she went through with it only because she believed her life depended on it. Boro was charged with rape on the theory that intercourse was obtained with someone "unconscious of the nature of the act," and he challenged that charge by petition.