Case Brief

Case brief over the report below: picture example provide
Three men are spending an evening drinking in bars. In one bar, one of them begins dancing with a young woman who is intoxicated and soon collapses in arms on the dance floor. The man offer to drive the woman to her home, and place her in the back seat of their car. Once in the car, they each sexually assault the woman fails to regain conscious in the back seat. Sometime later, when the woman fails to regain consciousness, the men become concerned about her well- being and drive her to a nearby service station, where medical personnel are contacted. Eventually, it is determined that the woman is dead and was most likely at the point of her collapse on the dance floor due to serious congenital heart condition.

ANSWER

Case Brief

Facts of the Case

A young woman collapses on the dance floor after excessive driving and dancing in the company of three male companions. She collapses, and the men offer to take her home. On the way, they sexually assault her in turns inside the vehicle. Upon realizing the woman was unresponsive, they decided to take her to a service station where the medical personnel was contacted. After examination, it was discovered that she was dead and the cause of death was an underlying congenital heart disease probably experienced on the dance floor.

Legal Issue

Does the state law permit driving under the influence of alcohol and engaging in sexual activity without the consent of the other partner?

Rule of Law

The law stipulates that any person 21 years and older driving under the influence of alcohol exceeding the alcohol limit of 0.08% is prone to a fine of up to $ 50 minimum. Under federal law, raping a person accounts for either a fine or life imprisonment, especially if intoxicants were used, in this case, alcohol.

Holding and Reasoning

No. The law does not permit drunk driving over the legal limit of 0.08%. It also does not permit, under federal law, engaging in sexual activity without the other person’s consent. In this case, the three men broke both rules. They were drunk, and each took a turn to rape the deceased while she was unconscious and could not protect herself. The court must be impartial and hold the three gentlemen accountable. In this case, it is affirmed that the three men are responsible for rape and drunk driving. The court ruling is that the three men serve time for rape and pay a fine for drunk driving.

Concurrences and Dissents

Concurrence: (Jordan, M.) the ruling of the court should stand. However, the three men should not be charged with murder as the cause of death was unrelated to the other two cases against them.

Dissents: (Austin, T.) the ruling of the court was proper. However, further investigation on whether the men knew the location of the deceased house should be conducted. This will call for an investigation on whether they should be charged with attempted kidnapping as well.