Commonwealth v. Berkowitz
Superior Court of Pennsylvania
609 A.2d 1338 (1992)
Relevant factsFree
The victim, acquainted with Berkowitz (defendant) through college and mutual friends, walked into his unlocked dorm room looking for his roommate and stayed to chat; Berkowitz initiated physical contact escalating to intercourse, locking the door partway through, while the victim repeatedly said "no" but did not physically resist, later explaining she believed physical resistance was futile given his position on top of her. Berkowitz testified he believed her "no" was passionate moaning and that he locked the door only for privacy; a jury convicted him of rape.
IssueFree
Whether a showing of verbal resistance alone is sufficient to show that sexual intercourse was obtained by force.