Rodger William Kelly was charged with the rape of his unconscious neighbor. But he claims that he only had sex with her in an attempt "to save her life."Kelley told Utah police that he found his 29-year-old neighbor unconscious and began to have sex with her because "he was trying to save her life." "He said he did place [his penis] inside of her to try and get her temperature up," police said in a probable cause statement filed in 5th District Court. (Int'l Bus. Times)
Utah has a Good Samaritan Act that provides "a person who renders emergency care at or near the scene of, or during an emergency . . . is not liable . . . ." But the Act shields only civil, not criminal, penalties. Moreover, for immunity, the defendant must render the care "in good faith" and cannot be "grossly negligent." It seems unlikely Kelley satisfies those conditions.
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