Commonwealth of Pennsylvania v. Claybrook et al.

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Amicus brief in support of the Commonwealth of Pennsylvania’s appeal of a decision of the Superior Court Panel vacating the sexual assault conviction of three defendants.

Full Case Titile: 

Commonwealth of Pennsylvania, Appellant v. Jason Sale Claybrook, Appellee
  • Violence Against Women and Girls

Year: 

2012
  • Joined Amicus Brief

Brief: 

Legal Momentum joined several other women's organizations on an amicus brief in support of the Commonwealth of Pennsylvania’s appeal of a decision of the Superior Court Panel vacating the sexual assault conviction of three defendants. The brief argues that the Superior Court Panel based its decision on misconceptions regarding sexual assault that Pennsylvania law had prohibited decades previous, including the idea that only strangers perpetrate sexual assault, and that consent is implied by lack of physical resistance and absence of severe physical injuries.