State in the Interest of S.M.I
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Ivy Tech Community College, Indianapolis *
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Course
211
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by cesiaeves
1.
List all the evidence relevant to determining whether M.T.S.’s actions satisfied the
intrinsic force requirement.
In the opinion given by the Superior Court stated “To sustain a charge of second-degree sexual
assault under this statute [N.J.S.A. 2C:14–2c.], the State must prove the following essential
elements:
1.
That [the juvenile] committed an act of sexual penetration with another person.
2.
That [the juvenile] acted knowingly.
3.
That [the juvenile] used physical force or coercion.
4.
That the victim did not sustain severe personal injury.” (Samha, pg. 401)
The evidence to satisfy the intrinsic force requirement according to the New Jersey statute
include:
Non-physical evidence:
-
The girl's account of the incident, detailing M.T.S.'s actions, verbal
communication, and any resistance/lack thereof
-
The judge's assessment of the credibility of the girl's testimony and M.T.S.'s
denial, considering factors such as consistency, demeanor, and any
inconsistencies in their statements
-
Testimonies from other witnesses that may corroborate or contradict the
accounts provided by the girl and M.T.S.
-
Any admissions or confessions made by M.T.S., such as statements
acknowledging engagement in sexual activity or use of force
-
The girl's verbal communication of non-consent, such as saying "no" or otherwise
expressing her unwillingness to engage in sexual activity
Physical evidence:
-
M.T.S.'s physical actions, including use of force, restraint, or coercion during the
sexual encounter and any evidence suggesting that M.T.S. exerted control or
dominance over the girl during the sexual activity, such as holding her wrists or
other physical actions
-
Photographs or other evidence related to the incident, such as marks on the girl's
body or text messages that may support or contradict the accounts presented
-
Any indication that M.T.S. persisted in his sexual advances despite the girl's
objections or expressions of discomfort
2.
Summarize the court’s reasoning for adopting the intrinsic force rule.
The court adopted the intrinsic force rule because it believes that, in cases involving
sexual assault, the key factor is whether the person freely agreed to the specific sexual activity.
The rule states that the prosecution doesn't need to prove external physical force; it just needs
to show that the other person did not clearly agree to the sexual conduct. The focus is on
whether the accused reasonably believed that the alleged victim had given clear and voluntary
permission for the specific sexual act. The judges state “We discern no error in the Family Part
judge’s rejection of the juvenile’s factual argument. The evidence permitted the judge to find that
the girl said “no” a number of times, but the juvenile would not cease his efforts. (Samha, pg.
402) therefore justifying the adoption of the rule.
3.
Taking into account the evidence, decision, and reasoning in Berkowitz, which do
you believe is the better approach to the force requirement— extrinsic or intrinsic
force? Explain your answer.
I believe intrinsic force is the better approach. In Berkowitz, where there was a lack of
outward or obvious resistance, the court considered the absence of external force. The intrinsic
force rule allows for a more detailed examination of the situation, acknowledging that consent
may be communicated in various ways and might not always involve physical force. This
approach considers the complexities of communication and power dynamics, providing a more
comprehensive view of the circumstances in cases of sexual assault.
4.
Should legislatures or courts decide which rule to adopt? Explain your answer.
Both legislatures and courts should work together to decide on rules about force in
sexual assault cases. Legislatures, as representatives of the public, can create laws that reflect
societal values. They consider public input and create detailed legal frameworks. Courts
interpret and apply these laws to specific cases, setting legal precedents. This collaborative
approach ensures that the law stays adaptable to changing circumstances and aligns with
evolving societal attitudes.
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