State v. Chaney’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The ‘force’ required to sustain a rape conviction in this state does not require that a rape victim resist to the point of becoming the victim of other crimes such as batteiy or aggravated assault. K.S.A. 21-3502 does not require the State to prove that a rape victim told the offender she did not consent, physically resisted the offender, and then endured sexual intercourse against her will. It does not require that a victim be physically overcome by force in the form of a beating or physical restraint. It requires only a finding that she did not give her consent and that tire victim was overcome by force or fear to facilitate the sexual intercourse.” (Emphasis added.) Borthwick, 255 Kan. at 914 .”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Tully · State v. Pepper

2. “The jury determination of whether consent was given or was valid requires consideration of all facts surrounding the event, not simply the words spoken.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Harris

3. “declined to define in absolute terms the degree of force required to sustain a rape conviction.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Pepper