41 Md. App. 58 - Goldberg v. State’s Empirical Analysis
1979
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently October 2014
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hazel v. State · 9 Md. App. 552 - Rice v. State · State v. . Thompson · State v. Thompson · 10 Md. App. 196 - Winegan v. State
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Force is an essential element of the crime and to justify a conviction, the evidence must warrant a conclusion either that the victim resisted and her resistance was overcome by force or that she was prevented from resisting by threats to her safety. But no particular amount of force, either actual or constructive, is required to constitute rape. Necessarily that fact must depend upon the prevailing circumstances .... [Fjorce may exist without violence. If the acts and threats of the defendant were reasonably calculated to create in the mind of the victim — having regard to the circumstances in which she was placed — a real apprehension, due to fear, of imminent bodily harm, serious enough to impair or overcome her will to resist, then such acts and threats are the equivalent of force. With respect to the presence or absence of the element of consent, it is true, of course, that however reluctantly given, consent to the act at any time prior to penetration deprives the subsequent intercourse of its criminal character. There is, however, a wide difference between consent and a submission to the act. Consent may involve submission, but submission does not necessarily imply consent. Furthermore, submission to a compelling force, or as a result of being put in fear, is not consent. The kind of fear which would render resistance by a woman unnecessary to support a conviction of rape includes, but is not necessarily limited to, a fear of death or serious bodily harm, or a fear so e”
2 later decisions quote this exact passage · from the majority“Without proof of force, actual or constructive, evidenced by words or conduct of the defendant or those acting in consort with him, sexual intercourse is not rape. This is' so even though the intercourse may have occurred without the actual consent and against the actual will of the alleged victim.”
2 later decisions quote this exact passage · from the majority““As we said in Winegan v. State, 10 Md. App. 196, 200, 201 , 268 A.2d 585 (1970): ‘... [Wjhere' the victim’s story could not be corroborated by wounds, bruises or disordered clothing, the lack of consent could be shown by fear based upon reasonable apprehension. The rule requiring the apprehension be reasonable was first enunciated in Maryland in Hazel v. State, 221 Md. 464, 469 , 157 A. 2d 922 : “If the acts and threats of the defendant were reasonably calculated to create in the mind of the victim — having regard to the circumstances in which she was placed — a real apprehension, due to fear, of imminent bodily harm, serious enough to impair or overcome her will to resist, then such acts and threats are the equivalent of force.” 'The rule of reason, as we shall call it, was reiterated, either expressly or impliedly, by us in Walter v. State, supra, [ 9 Md. App. 385 , 264 A.2d 882 (1970)] and Rice v. State, supra, [ 9 Md. App. 552 , 267 A.2d 261 (1970)]. It is expressly supported by several cases throughout the country. [Citations omitted]’.” 41 Md. App. at 68-9 .”
1 later decision quote this exact passage · from the majority
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.