Commonwealth v. Mlinarich
Supreme Court of Pennsylvania
542 A.2d 1335 (Pa. 1988)
Relevant factsFree
Mlinarich (defendant), the victim's legal guardian, threatened to send her back to a juvenile detention facility if she refused to engage in sexual acts with him; she chose to comply rather than return to the facility, later reported the abuse, and Mlinarich was convicted of rape at trial, but the superior court reversed the conviction, and the prosecution appealed.
IssueFree
Whether an alleged rape victim may sustain a charge of rape if she was left with a voluntary choice as to whether or not to engage in the sexual act.