People v. Evans

Kupferman, J. (concurring):

Much has been written about the unfairness of the legal requirements with respect to obtaining a conviction in a case *911involving sexual abuse. See, for example, “ Q. If you rape a woman and steal her TV, What can they get you for in New York? A. Stealing her TV.” by Martha Weinman Lear (New York Times Magazine, Jan. 30, 1972, § 6, p. 11.) (This article is corroborated by People v. Moore, 23 N Y 2d 565; New York Times Editorial, “Raped by the Law”, Monday, Feb. 14, 1972, p. 28, col. 2.) Suggestions have been made for legislation changing the requirement of…