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This section contains the nature of the case and procedural background.

Dee (D) went to Mrs. Gorman's house and impersonated Mr. Gorman by lying on the bed next to Mrs. Gorman. The wife thought that D was her husband and did not resist sexual intercourse. D achieved penetration before she realized what was going on. D was arrested for forcible rape. D's defense was consent. D was convicted and appealed.

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