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.
-Situations such as the one between Yule and Theresa are a good example of why the courts have done away with what standard?

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.
-​Situations such as the one between Yule and Theresa are a good example of why the courts have done away with what standard?

Quizplus · Accepted Answer

The utmost resistance standard, also known as the "forcible resistance" standard, required victims of sexual assault to resist with all of their physical strength before their lack of consent would be recognized by the law. This standard has been widely criticized and has been replaced in most jurisdictions with either the "affirmative consent" standard or the "reasonable belief" standard. Yule's actions in this scenario would be considered sexual assault under either of these new standards, but under the old utmost resistance standard, Theresa may not have been seen as a victim since she did not physically resist enough to satisfy the requirement of that standard.

Yule and Theresa Attend the Same Community College and Have