Grager v. Schudar
North Dakota Supreme Court
770 N.W.2d 692 (2009)
Relevant factsFree
Jailer Schudar (defendant) pleaded guilty to sexual abuse of a ward for sexual conduct with prisoner Grager (plaintiff); when Grager sued Schudar and the county (defendants) for assault, battery, intentional infliction of emotional distress, and civil rights violations, the trial court instructed the jury that Grager's consent or participation would be a complete defense, the jury found she consented, and her claims were dismissed. Grager appealed the consent instruction.
IssueFree
Whether, if conduct towards a certain class of people is a crime regardless of their consent, consent is a complete bar to recovery by members of that class.