77 Cal. App. 4th 846 - People v. Roundtree’s Empirical Analysis

Citation profile

8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he essence of the crime of rape is the outrage to the person and feelings of the female resulting from nonconsensual violation of her womanhood. When a female willingly consents to an act of sexual intercourse, the penetration by the male cannot constitute a violation of her womanhood nor cause outrage to her person and feelings. If she withdraws consent during the act of sexual intercourse and the male forcibly continues the act without interruption, the female may certainly feel outrage because of the force applied or because the male ignores her wishes, but the sense of outrage to her person and feelings could hardly be of the same magnitude as that resulting from an initial nonconsensual violation of her womanhood. It would seem, therefore, that the essential guilt of rape as stated in ... section 263 is lacking in the withdrawn consent scenario.”

   2 later decisions quote this exact passage
   e.g. 29 Cal. 4th 756 - People v. John Z. · 94 Cal. App. 4th 33 - In Re John Z.

2. “[t]he crime of rape therefore is necessarily committed when a victim withdraws her consent during an act of sexual intercourse but is forced to complete the act. The statutory requirements of the offense are met as the act of sexual intercourse is forcibly accomplished against the victim's will. The outrage to the victim is complete.”

   2 later decisions quote this exact passage
   e.g. McGill v. State · 29 Cal. 4th 756 - People v. John Z.