Memorandum of Law Re: Paula Tall

Paper Summary:

This paper is written by the author as the associate reporting his or her legal research to the senior partners about the client Paula Tall, a licensed physical therapist at physical rehabilitation resort, who was assigned to do therapeutic work with a famous athlete. The author reports that, after two days of therapy, the athlete offered Ms. Tall a contract for a job as his personal therapist, which she accepted. The paper continues to relate the facts of an inconsistent report of rape and her subsequent firings. The author presents questions and answers to (1) what crimes, if any, might the famous athlete be charged with and the prospects for conviction, (2) what actions in tort might be brought against him and the prospects for recovery and (3) whether the "contract" which he gave to Ms. Tall is enforceable and to what extent. The paper includes an extensive discussion of cases relating to the author's research.

Table of Contents:
Facts
Questions Presented
Answer
Discussion
Criminal Charges
Civil Torts
Contract

From the Paper:

"There is no requirement that the victim of a sexual assault resist. The Texas statute defining criminal sexual assault focuses the fact that the victim is compelled, not her resistance. Hernandez v. State, 804 S.W.2d 168 (Tex. App. 1991). Further, consent must be given freely. If consent was produced by a threat against the victim, consent is negated, and the resulting act remains a criminal sexual assault. Cavazos v. State, 668 S.W.2d 435 (Tex. Crim. App. 1984). Further, in evaluating the validity of consent, the relative strength of the parties can be considered."

Sample of Sources Used:

• STATUTES:
• Texas Business and Commerce Code
• Texas Labor Code
• Texas Penal Code
• RESTATEMENT (SECOND) OF CONTRACTS (1981).

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