Boro v. Superior Court
Boro v. Superior Court (1985)
CA Court of Appeals, 163 Cal.App.3d
FACTS: V gets a call from someone claiming to be “Dr. Stevens” who tells V that she has a terminal illness and she will die unless she undergoes an expensive treatment or unless she has sex with a “donor.” V chooses to go have sex and pays $1000 for the treatment.
RULES: CA Law – Rape: An act of sexual intercourse accomplished w/ a person not the spouse of the perpetrator, under any of the following circumstances… (4) where a person is at the time unconscious of the nature of the act, and this is known to the accused.
CLASS NOTES: This case is an example of fraud in inducement. Thus, Boro is off the hook.