Whitchurch v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... did then and there unlawfully and intentionally and without the consent and against the will of [the complainant], a female, have sexual intercourse with the [complainant], and that the said [complainant] was not then and there the wife of the said defendant, and that the defendant used force on [the complainant] on the occasion in question, as well as threats, to accomplish the sexual intercourse, and that such force was sufficient to overcome such earnest resistance as might reasonably be expected under the circumstances at the time, or that such threat or threats, if any, were such as would prevent resistance by a woman of ordinary resolution under the same or similar circumstances because of a reasonable fear of harm, and that the defendant, in the course of the same crimi nal episode as the alleged rape caused serious bodily injury to [the complainant] or 4 compelled submission to the rape by threat of death or serious bodily injury to be imminently inflicted on her, then you will find the defendant guilty as charged in the indictment.”

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