Skip to main content
· 6/7/1960

Benjamin B. Ganci, as Administrator for William Charles Ganci, and BenJamin B. Ganci, Joined By His Wife, Angela Ganci, as the Natural Parents of William Charles Ganci

Citations

  • 121 So. 2d 493
  • 1960 Fla. App. LEXIS 3257

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, for purposes of establishing a rape conviction, “[p]enetration, however slight, with the penis is necessary to establish the element of sexual intercourse.”
  • holding that Judge Dempsey's rulings as the fact finder and trial judge were not contrary to the weight of the evidence. The Judge's denial of the weight of the evidence claim was affirmed by the Superior Court
  • holding the element of sexual intercourse is established entirely by evidence of penile penetration, “however slight,” of the victim’s vagina
  • holding the element of sexual intercourse is established entirely by evidence of penile penetration, “however slight,” of the victim’s vagina
  • rejecting the appellant’s weight claim where DNA evidence excluded the appellant as the contributor of sperm found on rape victim’s panties, but that evidence also did not require a conclusion that the appellant did not rape the victim
  • “A rape victim’s uncorroborated testimony to penal [sic] penetration is sufficient to establish sexual intercourse and thus support a rape conviction.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.