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Reavis v. Slominski

Supreme Court of Nebraska

551 N.W.2d 528 (1996)

Relevant factsFree

Mary Reavis (plaintiff) worked for years at a dental office owned by James Slominski (defendant) and, feeling she had no real choice given her need for the job, engaged in sexual relations with him multiple times over nearly two decades despite Slominski never physically forcing her, including a final incident in 1991 that led her to attempt suicide after disclosing it to her husband; Reavis sued for sexual assault, arguing childhood trauma combined with economic dependence on the job left her incapable of effectively resisting Slominski's advances. The trial court denied Slominski's motion for a directed verdict but also refused his requested jury instruction on effective consent, and the jury found for Reavis; Slominski appealed.

IssueFree

Whether consent may be a defense to some claims of tortious conduct if the consent was both apparent and effective.

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