Question

Taking into account the evidence, decisions and reasoning in both the Berkowitz and the M.T.S. cases, which do you think is the better approach to the force requirement—intrinsic or extrinsic force? Explain your answer.

Answer 1

The defendent is a 17 year old boy who got in sexual intercourse with Mrs. C without asking for her consent. There is no visible evidence that proves that the defendent has threatened or used some external force to have sexual intercourse. Howerver, in the trial court the defendent has been found guilty of sexually assaulting Mrs.C. The defendent appealed against the trial court judgement and the supreme court reversed the judgement in favor of the defendent. The judgment was reversed because the court couldn't find use of any external force.