Hilda is a heroin addict with two young children. She was homeless for two years before recently being placed in a government-subsidized apartment. During those years, she and her children stayed in a succession of shelters, where caring for the children was very difficult. As a result of Hilda’s addiction, there were public incidents of child neglect that came to the attention of child protective authorities. Hilda had come very close to losing custody of her children to foster care on several occasions. She had been warned that in order to keep her children, she needed to stay away from drugs, and provide them with a decent place to live.
A few weeks after she set up housekeeping in her new apartment, she was visited by an old boyfriend and drug supplier. He gave her some drugs in exchange for her allowing him to use her apartment to do a drug deal. The drug deal somehow came to the attention of her new landlord, who paid her a visit on the following night.
He said, “Hilda, there are drugs being sold in this apartment. I saw it with my own two eyes. I am going to have to call the cops and have you evicted.” Hilda begged him not to call the police, and confided that the incident would probably cost her custody of her children. He replied that he found her attractive, and offered to refrain from calling the police – as he was truly required to do – in exchange for one act of sexual intercourse.
Hilda said: “Not on your life, you disgusting little creep.” The landlord said, “O.K. have it your way”, and he left. Two hours later, she telephoned the landlord and told him that she would give him what he wanted. He came to her apartment, whereupon she admitted him, laid down on her bed, and submitted passively to a sexual act. On the following morning, a mortified and angry Hilda complained to the police, who arrested the landlord. As he was led away, he said: “It was okay with her yesterday. She never complained!”
Part 1:
You are a New York Prosecutor. What criminal charge or charges, if any, would you bring against the landlord in Article 130 or 135 of the N.Y. Penal Law? Write a memo to your bureau chief, describing how you will prove the elements of the crime on the above facts. What legal problems you anticipate, and how you will support your case on summation. (Use only the facts that are given. Do not hypothesize or invent any additional facts.
(Maximum 500 words)
Part 2:
Do the same exercise as a prosecutor for 3 of the following jurisdictions: California; Wisconsin; England; Rhode Island; Pennsylvania; New Jersey; A state that adopted the Model Penal Code. (Suggestion: Choose 3 jurisdictions whose rape statutes are written or interpreted in a way that contrasts with New York’s in dealing with these facts)
(Maximum 500 words)
Extra Credit: Suppose that the case of Maryland v. Rusk had occurred in New York. 1) As a prosecutor applying current New York law, what is the most serious offense with which you would charge Rusk? As a juror, would you convict him of that offense or of any lesser offense?
(Maximum 500 words)
