Commonwealth v. Berkowitz

A female college student went to Berkowitz's (defendant's) dorm room looking for his roommate; Berkowitz asked her to stay, initiated physical contact, locked the door, and had intercourse with her after she testified she repeatedly said "no" but never physically resisted, was not restrained, and never attempted to reach the door despite knowing it could be easily unlocked. Berkowitz was convicted of rape and indecent assault; the appeals court overturned the rape conviction but reversed and remanded on indecent assault, and the state appealed to the Pennsylvania Supreme Court.