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Sample Question 1
Sample Question 2
Sample Question 3
Sample Question 4
Sample Question 5

Question 5

Ashley was addicted to heroin and frequently committed acts of prostitution to obtain the money she needed to buy drugs. One night she was out looking for customers for prostitution when she was approached by Jordan who asked her what her price was. When she told him that she would have intercourse with him for $150. He said that he would get the money from a friend and see her later. When Ashley went home several hours later, Jordan was waiting inside her apartment. He said that he wanted to have sex with her and showed her the $150. Ashley, however, refused because she had already made the money she needed and had bought herself enough heroin to last her a couple of days. She told him to get out or she would call the police. Jordan took a knife from his pocket saying that if she did not have intercourse with him he would kill her. Because she was in a hurry to take her fix, she quickly took off her clothes and had intercourse with him. Immediately after the intercourse the inebriated Jordan fell asleep. Ashley tied his hands and feet to the four corners of the bed, covered his mouth with duct tape, and then took her fix. After injecting herself with heroin, she shook Jordan until he was awake. She then said, "Now you are going to be punished for what you have done. I should kill you but I won't because I want to make sure that you suffer for the rest of your life." Using Jordan's knife, she began to cut and jab at him with it, planning to torture but not kill him. She stabbed and blinded him in one eye, then cut off one of his ears. She also severed the tip of his nose and made a series of cuts across his face and chest. If Jordan is charged with rape, the court should find him

A) not guilty, because Ashley offered no resistance and Jordan did not use physical force.
B) not guilty, because of the injuries inflicted by Ashley.
C) guilty, because he overcame Ashley's refusal to have intercourse with him by threatening to kill her with his knife.
D) not guilty, because Ashley's demand for $150 made her resistance conditional, and, therefore, less than total.

 

 

(answer below)

Answer

(C) is the best answer

Rape is the unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent. Although it is necessary that the victim be unwilling, it is not necessary for her to put up a fight if it would be futile for her to do so. Since Ashley's refusal was overcome by a threat which would have led a reasonable person in her place to fear for her life, the intercourse was without her consent.

(A) is incorrect because Ashley's resistance was overcome by Jordan's threat of physical force.

(B) is incorrect since Ashley inflicted the injuries after the intercourse occurred. Her conduct in inflicting them could not possibly relate to whether she consented to the intercourse.

(D) is incorrect. If her resistance had been overcome by payment, the intercourse would not have been against her will. But the fact that she was willing to accept payment does not mean that she consented to intercourse with one who did not offer payment, or even with one who did.

TEST TIP: Remember that rape is a general intent crime, as is battery, arson, and involuntary manslaughter. You may want to remember general intent crimes with the mnemonic RABID, i.e., Rape, Arson, Battery, Involuntary Manslaughter, and Depraved Heart Murder. The significance of remembering the general intent crimes is that all others you'll be faced with on the MBE are specific intent crimes--those where voluntary intoxication and mistake of fact are defenses. Voluntary intoxication, however, is not a defense to crimes involving negligence, recklessness, strict liability, or if the defendant purposely became intoxicated in order to establish the defense. And, a mistake of fact must be reasonable for other than general intent crimes. Finally, all "attempted" crimes are specific intent crimes.