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Victim’s Fear of Further Sexual Assault Did Not Justify Driving While Impaired  


Author:  Roslyn K. Myers, Esq..


Source: Volume 03, Number 03, April/May 2002 , pp.36-37(2)




Sex Offender Law Report

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Abstract: 

On August 1, 1996, Caswell and a man with whom she had had a prior intimate relationship spent the evening drinking alcoholic beverages at several bars. Although the couple was using Caswell’s vehicle, the man was driving because Caswell had just regained her driving privileges after her second OUI offense, and she did not want to drive after consuming alcohol. As the evening progressed, Caswell testified that she began asking the man to take her home because she had to work the next day. Caswell testified that the man was drunk and angry and that he refused to take her home, ultimately taking her to his residence instead, where Caswell was forced to engage in several degrading sexual acts. Ultimately, she pushed the man off her and fled the residence in fear that he would “get ahold” of her again.

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Affiliations:  1: Managing Editor of SLR.

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