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Question
Yule and Theresa attend the same community college and have taken several courses together over the past few semesters. Yule approaches Theresa and asks her if she would mind helping him study for a final exam in a course they are currently taking. Theresa agrees and accompanies him to his apartment after class. They spend several hours studying. During break Yule attempts to kiss Theresa and she rejects him. He pulls her into his bedroom while she is protesting that she does not want a romantic relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his penis into her vagina. Theresa continues to protest and tries to push him off of her. After he ejaculates Theresa runs from the apartment.In trying Yule for the offense, the court would use what standard to determine if Theresa resisted?
a. totality of the circumstances.
b. prevalent standard.
c. preponderance of the evidence.
d. reasonable resistance rule.
Answer
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