Jarvinen

FACTS AND PROCEDURAL HISTORY

Plaintiff and defendant began a relationship with each other in 2007. Both parties agree that for at least six to seven months in 2007 they were “dating exclusively.” After 2008 the parties remained in regular contact; plaintiff described the relationship as friendship that sometimes involved sexual intimacy. Just one week prior to the incident that is the subject of this action the parties engaged in consensual sexual intercourse. In September 2012 defendant and plaintiff were at plaintiff‟s home watching television in separate rooms. After approximately an hour, defendant entered plaintiff‟s bedroom and began making unwanted sexual advances towards her. He had her pinned down and was continuing his sexual advances while disregarding her commands that he stop and leave her house. After defendant grabbed her hair and shook her neck, plaintiff was able to free one of her hands and struck him in the throat with a “karate chop” movement in an attempt to get him off. He immediately stopped the attack and retreated into the bathroom. Moments later, defendant emerged from the bathroom enraged at plaintiff for striking him in a manner that “could have killed…