Question
Erin left her dormitory room to visit a male friend in another dorm. When she knocked on the door, there was no answer, but the
Erin left her dormitory room to visit a male friend in another dorm. When she knocked on the door, there was no answer, but the door was unlocked, and Erin went inside. Her friend was not there, but his roommate, Marty, was sleeping in the nearby bed. Marty asked Erin to stay and she agreed. Marty asked for a back rub, but Erin declined and sat on the floor. Marty got out of bed and sat on the floor beside Erin. Marty lifted Erin's short and massaged her breasts. He unfastened his pants and tried to insert his penis in Erin's mouth. They both stood up and Marty locked the door. He then placed Erin on the bed, removed her undergarments and penetrated her vagina. After withdrawing, Marty said, "I guess we got carried away," to which Erin replied, "No, we didn't get carried away, you got carried away." Police have charged Marty with raping Erin under the traditional, common law definition of rape. Does Marty have a defense? (Explain) Please answer the following short essay question utilizing the IRAC method.
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