Crim Law Hypo Comes to Life
September 29, 2005
First year law students wrestle with this hypothetical: Wife is at home sleeping. It's dark. She hears someone come in. She thinks it's her husband. She says, "Husband, I've been waiting here all night for you. Let's have sex." After they have sex, wife learns that "husband" was really an intruder. Rape requires noncensual sex. Has wife consented to sex with the intruder? This hypothetical has come to life in the land of coffee.
Charles Momah is a Seattle gynecologist. His brother, Dennis Momah, is a general practicioner. They are identical twins. Supposedly Charles was having consensual sex with some of his patients. He supposedly decided to share the love with his brother. They didn't tell the patients. And so some patients who thought they were consenting to sex with Charles were actually consenting to having sex with Dennis.
Dennis has been charged with rape. The truth is stranger than fiction. (Via Legal Reader.)
UPDATE: There is excellent coverage at the website that shows up at the #1 hit for "Dennis Momah." I'm not linking to the site, though, since some of the images lack, well, coverage. Some of you read me from work, though, so you'll have to find the link yourself.