Robert Berkowitz Rape

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From the victim 's story, she claimed to have walked into Robert Berkowitz’s room and found him sleeping on the couch. They agreed to hang out, but for her, it took an awful turn. The appellant, Berkowitz, had started to straddle and kiss her as she sat on his bed. As he tried to move forward she told him “no.” This is where he could have been accused of rape because she had told him no. Along with that, she was under the influence of alcohol and one cannot properly consent when intoxicated. Once he continued his acts she quit saying anything, however, this is not really a form of consent. In her case, she could have just given up because she did not know what to do or did not think she could have stopped him. Whereas Berkowitz had thought