Reavis v. Slominski
250 Neb. 711, 551 N.W.2d 528 (1996)
Facts: Reavis was the employee of Slominski. They'd had prior sexual relations during a prior period of her employment with him, however the incident in question was the first since she'd resumed working for him. Both were at least somewhat intoxicated and alone with each other when Slominski locked a door and started kissing her. Reavis said no, but eventually went along because she felt she couldn't do anything and that Slominski would just laugh. The intercourse hurt her. She sued for battery since her actions didn't amount to consent, and even if they did, they wouldn't count because she had an abnormal ability to refuse sexual intercourse as a result of childhood sexual abuse.
Procedure: Trial court jury found for Reavis. Appealed by Slominski.
Issue: Did her words and actions amount to consent?
Holding: Perhaps; remanded for new trial.
Reasoning: The trial court erred in refusing to tell the jury that (a) incapacity only cancels out consent if that incapacity affects her ability to understand and judge her conduct and (b) the defendant has to have knowledge of that incapacity.
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1 comment:
this is the shittiest brief I've ever seen. Holding: Probably??? And the facts are wrong -- she sued for IIED and sexual assault, not battery. He didn't lock any door, and you got it all wrong. Thanks for posting how not to write a brief !
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