Legal Question in Criminal Law in Florida

Complicated question

This question as given to me by an instructor: Tom wants to enact revenge on his wife. Tom tells his two buddies that his wife has a fantasy to be raped and wants Tom to help fulfill that fantasy. Tom tells his buddies to rape his wife, he says ''she will act resistant, but its what she wants, just don't cause any injury. Toms buddies rape her, afterwards she calls 911. Toms buddies are arrested. What are they charged?


Asked on 5/05/08, 5:15 pm

2 Answers from Attorneys
David Shestokas Shestokas, & Associates

Re: Complicated question

Tom is not in a position to give his wife's consent. The buddies never had her approval. They would be charged with rape. Tom should be charged as well, since the buddies that did it acted as an instrument of Tom's. It is just the same as if Tom had done it himself. There are any of number of scenarios that could be similar, and the outcome would still be the same, without the consent of the fantasy victim, someone fulfilling that fantasy would be committing a crime.

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Answered on 5/05/08, 5:46 pm
Valerie Masters Valerie Masters, P.A.

Re: Complicated question

Why would you think this is complicated? All three would be charged with rape.

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Answered on 5/05/08, 5:52 pm


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