Legal Question in Criminal Law in United States
Thomas and Julia are neighbors. Thomas is sexually attracted to Julia and incorrectly believes that Julia shares his feelings. One evening, he invites Julia and his best friend Trevor over to his house for a drink. Trevor arrives before Julia and he and Thomas have 7 shots of whisky each whilst waiting for Julia. Thomas tells Trevor that Julia is really attractive and Trevor waits eagerly to meet Julia. After Julia enters the house, Thomas locks the door and puts the key in his pocket. Thomas always does this for security as there have been several burglaries in his neighborhood. Trevor was immediately attracted to Julia and finds her really 'hot'. Thomas pours Julia a drink and Trevor secretly slips into it a drug which normally has the effect of loosening inhibitions. However, the drug has a different effect on Julia making her paranoid and terrified of Thomas and Trevor. Thomas starts making sexual advances to Julia. Unknown to Thomas, Trevor is also making sexual advances at Julia. In her state of confused paranoia, Julia thinks that Thomas and Trevor will attack her if she does not submit. She also thinks that she cannot escape because she saw Thomas lock the door. As a result, Julia submits to intercourse with Thomas. Thomas believes during the intercourse that Julia is consenting and shares his feelings. Thomas passes out in his room after the intercourse. Unknown to Thomas, Julia then submits to intercourse with Trevor. After the intercourse, both Julia and Trevor pass out.
The next morning, Julia woke up and found herself with Trevor. She was furious with Thomas and Trevor and threatened to report the matter to the police. Trevor is scared and decides that he must kill Julia before she goes to the police. He suffocates Julia with a pillow as a result of which Julia dies. Trevor then wakes Thomas and tells him that he had to kill Julia because she had threatened to tell the police that Thomas had forced her to have sexual intercourse. Trevor told Thomas that he killed Julia to protect him. Thomas then decides to assist Trevor get rid of Julia's body. Thomas and Trevor hide Julia's body in the basement.
Discuss the criminal liability of Thomas and Trevor.
1 Answer from Attorneys
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