State v. Taylor’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The crime of Sexual Assault additionally requires proof of either of the following circumstances: 1. The woman resists, but her resistance is overcome by force or violence; or 2. The woman is prevented from resisting by threats of immediate and great bodily harm accompanied by the apparent ability to carry out those threats. When a woman reasonably determines that she cannot resist without peril to her life or safety, no resistance is required, and if she submits to an act of sexual intercourse, induced by fear that it is necessary to save her from violence or death, her conduct under such circumstances does not constitute consent to the act. In the absence of intimidation, the woman must resist to the utmost of her ability and such resistance must continue until the offense is complete, or it is not sexual assault. In such a case, resistance or opposition by mere words is not enough; the resistance must be by acts, and must be reasonably proportionate to the strength of the woman.”

   1 later decision quote this exact passage
   e.g. State v. Willcoxson