Reference no: EM131010177

I - Access and read the handout entitled "Consensual Sex versus Rape". Should Linda's police record be admitted into evidence? May Paul be convicted of rape? Would your answer be different if Paul had gotten Linda intoxicated?

Paul met Linda in a local bar. When they met, it was obvious to Paul that Linda had had too many drinks. He then asked her if she would like to go to his apartment and sleep in his spare bedroom. When they arrived at his apartment, he took her into his bedroom and undressed her. Then he began to have sex with her. During the sex, Linda laughed and did not resist. When Linda got up the next day, she went to the police and charged Paul with rape. At trial, Linda testified that had she not been intoxicated, she would not have consented to the sexual act. It was also established that Paul should have known that Linda was incapable of consenting to the sexual act. Paul takes the stand and testifies that he honestly believed that she consented to the sexual act. Paul's counsel attempts to enter into evidence that Linda had been arrested five years ago for prostitution. Should Linda's police record be admitted into evidence? May Paul be convicted of rape? Would your answer be different if Paul had gotten Linda intoxicated?

II - Respond to this person's post

Allison Garafola

RE: Unit V Disc. Board

My personal opinion on whether or not Linda's police record should be admitted into evidence would be that it should. I feel that it should be known what type of criminal past that a person has who is making accusations against another in such a serious crime, such as rape. Maybe Paul used bad judgment by not taking into consideration the intoxication level of Linda, but who was to say that Paul himself was sober enough to know the difference? He was probably intoxicated to a certain degree and was having a good time with Linda, who at the time appeared to be enjoying his company. She was enjoying it enough to go home with him. Now, if Paul had bought Linda drinks throughout the night with the intention of getting her drunk to the point of her being incapacitated, then I would feel that he should be convicted of rape. Because he contributed to her state of mind and had done so knowingly to take advantage of her.