People v. Dorsey
New York State Supreme Court
429 N.Y.S.2d 828 (1980)
Relevant factsFree
Dorsey (defendant) stopped an elevator between floors with the victim and repeatedly demanded she remove her clothes before raping her, without using explicit force or verbal threats; the significantly smaller victim testified she did not scream because she believed no one could hear or help her, given she and the much larger Dorsey were trapped in a stalled elevator. The jury convicted Dorsey of rape, and he moved to dismiss the verdict.
IssueFree
Whether a rape claim can be upheld without the victim yelling or forcibly trying to stop the alleged perpetrator.