Dickey v. McDonnell

Citations

• 41 Ill. 62

Syllabus

<p>1. Assault and battery—bare—what circumstances control the rule as to damages. Although a woman may suspect that the advances of a man are prompted by improper motives, and still willingly accompanies him, and refuses to yield to his wishes only from jnercenary motives, these facts do not justify him in resorting-to violence and threats to induce her consent.</p> <p>2. Neither could the previous violence be justified on the ground of ultimate assent to sexual intercourse.</p> <p>3. If such ultimate assent should be freely given, and not induced by any previous violence, or threats, or fear, then' such intercourse should not be made the basis of damages, but the right of action for the previous violence would remain.</p> <p>4. If, however, the ultimate assent should not be freely given, but yielded only as a consequence of the preceding violence or force, then such sexual intercourse should be regarded as a part of the assault, and a ground of exemplary damages.</p>