Utmost Resistance

That degree of resistance that a woman traditionally has been required to offer her attacker in order to charge that she has been raped; the maximum resistance of which a person is capable in resisting attack. 149 N.W. 771, 772. The "utmost resistance" doctrine may not apply if the woman is put in fear of personal violence and so submits to avert serious bodily injury to herself. 143 S.W. 2d 288, 289. See generally Perkins & Boyce, Criminal Law 210-12 (3rd ed. 1982).




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