People v. Evans
Supreme Court, New York County, Trial Term
379 N.Y.S.2d 912 (1975)
Relevant factsFree
Evans (defendant) lied to a young airport traveler about being a psychologist to gain her trust, took her to a bar and then his apartment, and after she refused his advances, made statements about being a "strange man" who "could kill" or "rape" her; despite becoming afraid, she subsequently had consensual-seeming intercourse with him multiple times, with no evidence of torn clothing, scratches, or bruises. Evans was convicted of first-degree rape based on the use of force implied by his statements, and he appealed.
IssueFree
Whether a person's words of seduction, misinterpreted as threats by another, can support a criminal charge of rape.