October 27, 2013

Boro v. Superior Court | Case Brief Law School - 163 Cal.App. 3d 1224, 210 Cal.Rptr. 122 (1985)

FACTS: A doctor told the plaintiff that she could be cured of her disease by having intercourse with a man.  He told her to go to a hotel where she consented to have intercourse with a man and paid the "donor" $1000.

HISTORY: Defendant was charged with rape accomplished by means of force or fear.

ISSUE: If the consent is given because of misrepresentation is there rape?

HOLDING: Yes

RATIONALE: The legislature has enacted statutes which do not distinguish between "fraud in factum" and "fraud in the inducement" but its intention was to restrict "consent" to case of true good faith consent obtained w/o fraud or deceit.  (361)