362 Pa. Super. 470 - Commonwealth v. Rue’s Empirical Analysis
1987
Citation profile
10
cited by 10 later decisions
1
states following
May 1993
most recently cited
10 state decisions
Relationships
Relies on Commonwealth v. Rhodes · 317 Pa. Super. 41 - Commonwealth v. Luther · Commonwealth v. Castellana · Richardson v. LaBuz · 340 Pa. Super. 56 - Commonwealth v. Larkins
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[Forcible compulsion” as used in section 3121(1) includes not only physical force or violence but also moral, psychological or intellectual force used to compel a person to engage in sexual intercourse against that person’s will. Closely related to section 3121(1) is section 3121(2) which applies to the situation where “forcible compulsion” is not actually used but is threatened. That section uses the phrase “by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.” The Model Penal Code used the terminology “compels her to submit by any threat that would prevent resistance by a woman of ordinary resolution” and graded that offense as gross sexual imposition, a felony of the third degree. The Pennsylvania legislature rejected the concept that sexual intercourse compelled by “gross imposition” should be graded as a less serious offense and, therefore, enacted section 3121(2). By use of the phrase “person of reasonable resolution,” the legislature introduced an objective standard regarding the use of threats of forcible compulsion to prevent resistance (as opposed to actual application of “forcible compulsion.”) The determination of whether there is sufficient evidence to demonstrate beyond a reasonable doubt that an accused engaged in sexual intercourse by forcible compulsion (which we have defined to include “not only physical force or violence, but also moral, psychological or intellectual force used to compel a person to engage in”
1 later decision quote this exact passage“A person commits a felony of the first degree when he engages in sexual intercourse with another person not his spouse: (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious; or (4) who is so mentally deranged or deficient that such person is incapable of consent.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.