People v. Dorsey Sup.

429 N.Y.S.2d 828 (1980)

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Nature of the Case

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Facts

The victim was a 49-year-old woman that was trapped in an elevator to her apartment complex by a 15-year-old boy (D). The victim was 5 ft. 130lbs. and D was 5'7' about 200 lbs. D ordered the victim to take off her clothes. At first, the victim refused, but when D repeated his demand, she complied and was raped and sodomized. During trial, the victim testified that she did not scream at any time during or before the incident because, being trapped in the elevator, she thought that no one would hear her. She also testified that D did not use physical force other than what was necessary for the completion of the sexual acts. D did threaten the victim with force if anything happened to D after the rape. D was convicted and appealed regarding the force and resistance issues.