Archive | Sexual intercourse without consent

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State v. Santiago

State v. Santiago, 2018 MT 13 (Jan. 30, 2018) (McKinnon, J.) (5-0, aff’d)

Issue: Whether the district court abused its discretion by giving the deadlocked jury an Allen instruction.

Short Answer: No.

Affirmed

Facts: Santiago was charged with sexual intercourse without consent, plead not guilty, and went to trial. On the last day of trial, after a few hours of deliberations, the jury sent the judge a note saying it was deadlocked 11-1. The state suggested the court give the jury an Allen instruction, otherwise known as a dynamite instruction, which the Montana Supreme Court approved in Norquay. Santiago objected on the grounds that the vote was 11-1, arguing that the Allen instruction would put an extreme undue burden on the one juror.…

State v. Lerman

State v. Lerman, 2018 MT 5 (Jan. 9, 2018) (Baker, J.) (5-0, aff’d)

Issue: Whether the state presented sufficient evidence to prove the elements of penetration and force in conviction for sexual intercourse without consent.

Short Answer: Yes.

Affirmed

Facts: Kelsey Stoker went to Randall Lerman, a licensed massage therapist in Dillon, for four appointments to help alleviate lower back pain. During her appointments, Stoker left on her undergarments, which included a cap-sleeved undershirt and spandex shorts that went almost to her knees.

At the fourth appointment, Lerman pulled her shorts down to her knees, and pulled her top down, exposing her breasts. He massaged her breasts and nipples, her buttocks, the back of her thighs, and her groin. He then inserted his fingers into Stoker’s vagina, at which point she told him to stop.…

State v. Morse

State v. Morse, 2015 MT 51 (Feb. 23, 2015) (McKinnon, J.) (4-1, rev’d, Rice, J., dissenting)

Issue: (1) Whether the district court erred in denying Morse’s untimely motion for new trial and directing Morse to pursue postconviction relief; and (2) whether the district court abused its discretion in allowing the state to elicit testimony fro the victim’s sisters about Morse’s past conduct.

Short Answer: (1) Yes. The Court reverses in this issue and does not reach (2).

Reversed and remanded

Facts: HS is the adult daughter of Morse’s girlfriend. She is married, with three children, and suffers from spinal neuropathy and has chronic back pain. She is prescribed a muscle relaxer for pain relief. HS had known Morse for several years, and believed he know certain chiropractic techniques to help her back pain.…