Supreme Court of Iowa· 9/29/1982

State v. Bauer

Citations

324 N.W.2d 320
1982 Iowa Sup. LEXIS 1482

How courts have described this case

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

holding the question of “whether the sexual act was committed ‘by force or against the will’ 10 of the victim should be decided by considering the circumstances surrounding the act. This, we take it, means all the circumstances, subjective as well as objective”
in prosecution for sexual abuse, complainant’s testimony that her fear rendered her incapable of protest or resistance was sufficient to sustain finding that sex act was committed by force or against her will
in prosecution for sexual abuse, complainant's testimony that her fear rendered her incapable of protest or resistance was sufficient to sustain finding that sex act was committed by force or against her will
“We believe, however, that the jury could—and obviously did—believe complainant when she testified to fear which rendered her incapable of protest or resistance. This is all our statute demands.”
“We believe, however, that the jury could—and obviously did—believe complainant when she testified to fear which rendered her incapable of protest or resistance. This is all our statute demands.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reynoldson, Legrand, Uhlenhopp, McCormick, McGiverin

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