State v. Brown’s Empirical Analysis

Citation profile

3 federal appellate · 5 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “implied in law the elements of force and lack of consent so as to make the crime of rape complete upon the mere showing of sexual intercourse with a person who is asleep and therefore could not resist or give consent. The phrase “by force and against the will” used in the first and second-degree rape statutes and the first and second-degree sexual offense statutes means the same as it did at common law when it was used to describe some of the elements of rape. It makes no difference in the case of a sleeping or similarly incapacitated victim whether the State proceeds on the theory of a sexual act committed by force and against the victim’s will or whether it alleges an incapacitated victim; force and lack of consent are implied in law.”

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

2. “The statutory requirement that the act be committed by force and against the will of the victim may be established by either actual, physical force, or by constructive force in the form of fear, fright, or coercion.... “Physical force” means force applied to the body.”

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

3. “by force and against the will of another person,”

   1 later decision quote this exact passage
   e.g. 170 N.C. App. 461 - State v. Smith