SPRING BREAK CAN BE DEADLY!!
Five male university students (A, B, C, D and E) were on Spring Break. They met a young woman named M who they lured back to their hotel room. The guys made repeated sexual advances to M. She rebuffed the sexual advances from all of the students except for D. M said she would have sex with D but not with the others.
A said, "If M isn't willing to have sex with all of us, then we'll have to force her. Are you guys with me?" B nodded his assent. C, D and E just stood there and did not respond. M objected and said she wanted to leave. A locked the door so M couldn't get out.
B suddenly had a change of heart and said, "I'm not going to go through with it, and I think all of you should stop as well." At that point, B left the hotel room and went to his own room, but didn't do anything further.
A then forcibly held M down and proceeded to have intercourse. C, who was very drunk, then said "I'm going to force her to have sex with me too." He took his clothes off and got up on the bed. However, before he actually had intercourse with M, C passed out from the alcohol. In relief that she wouldn't be forced to have sex again, M passed out.
D decided that since M had said she wanted to have sex with him, it was OK and he proceeded to have sexual intercourse with the unconscious M. After D had sex with M, M woke up and started screaming. Afraid that someone would hear the screaming M, A choked her until she was dead. E just watched the whole time and said and did nothing.
After M died, A, C and D went to B's bedroom. E went back to his bedroom and did nothing. A, C and D told B everything that had happened. B said that A, C and D could spend the night in his room so that they wouldn't be found with the dead body. The next morning, the police found M and arrested all five students.
For purposes of this question, consider battery and assault to be lesser-included offenses under the greater charge of rape.
The following case was given as part of a College Law School First-Year Criminal Law Examination. Let’s see how well you do in determining the charge(s) against the individuals named.
Read the case. Your job is to list all crime(s) A, B, C, D, E could be charged with, defining each crime listed, and explaining how each charge relates to the facts of the case. Tip: there are multiple charges that can be filed. First, focus your attention on “A” listing, defining, and explaining all charges against him. Second, focus your attention on B, listing, defining, and explaining all charges against him. Third, focus your attention on C, then D, then E following directions given above. Just because there are five enumerations does not mean there are only five charges for each. Of course, it doesn’t mean there isn’t either.
Finally, list all defenses A, B, C, D, E could use in a court of law for their actions. Just because there are two enumerations does not mean there are only two defenses for each. Of course, it doesn’t mean there isn’t either. Use the back of the paper if additional defenses are warranted.
Have fun.
Crimes charged against A in all events dealing with M:
1) Crime______
Defined______
______
As relates to case______
______
______
2) Crime______
Defined______
______
As relates to case______
______
______
3) Crime______
Defined______
______
As relates to case______
______
______
4) Crime______
Defined______
______
As relates to case______
______
______
5) Crime______
Defined______
______
As relates to case______
______
______
WHAT EXCUSES COULD A USE IN HIS DEFENSE?
1) Excuse ______
Defined______
______
As relates to case______
______
2) Excuse ______
Defined______
______
As relates to case______
______
Crimes charged against B in all events dealing with M:
1) Crime______
Defined______
______
As relates to case______
______
______
2) Crime______
Defined______
______
As relates to case______
______
______
3) Crime______
Defined______
______
As relates to case______
______
______
4) Crime______
Defined______
______
As relates to case______
______
______
5) Crime______
Defined______
______
As relates to case______
______
______
WHAT EXCUSES COULD B USE IN HIS DEFENSE?
1) Excuse ______
Defined______
______
As relates to case______
______
2) Excuse ______
Defined______
______
As relates to case______
______
Crimes charged against C in all events dealing with M:
1) Crime______
Defined______
______
As relates to case______
______
______
2) Crime______
Defined______
______
As relates to case______
______
______
3) Crime______
Defined______
______
As relates to case______
______
______
4) Crime______
Defined______
______
As relates to case______
______
______
5) Crime______
Defined______
______
As relates to case______
______
______
WHAT EXCUSES COULD C USE IN HIS DEFENSE?
1) Excuse ______
Defined______
______
As relates to case______
______
2) Excuse ______
Defined______
______
As relates to case______
______
Crimes charged against D in all events dealing with M:
1) Crime______
Defined______
______
As relates to case______
______
______
2) Crime______
Defined______
______
As relates to case______
______
______
3) Crime______
Defined______
______
As relates to case______
______
______
4) Crime______
Defined______
______
As relates to case______
______
______
5) Crime______
Defined______
______
As relates to case______
______
______
WHAT EXCUSES COULD D USE IN HIS DEFENSE?
1) Excuse ______
Defined______
______
As relates to case______
______
2) Excuse ______
Defined______
______
As relates to case______
______
Crimes charged against E in all events dealing with M:
1) Crime______
Defined______
______
As relates to case______
______
______
2) Crime______
Defined______
______
As relates to case______
______
______
3) Crime______
Defined______
______
As relates to case______
______
______
4) Crime______
Defined______
______
As relates to case______
______
______
5) Crime______
Defined______
______
As relates to case______
______
______
WHAT EXCUSES COULD E USE IN HIS DEFENSE?
1) Excuse ______
Defined______
______
As relates to case______
______
2) Excuse ______
Defined______
______
As relates to case______
______