Citation. 589 N.E.2d 241,1992 Ind.
Brief Fact Summary. Defendant lived in the same house as Victim. Defendant verbally asked that Victim engage in sexual intercourse with him. After asking three times, the victim had sexual intercourse with Defendant. The State prosecuted Defendant on a charge of rape.
Synopsis of Rule of Law. Although force and threats of force can be conveyed through something other than words, there must be some evidence of force or the threat of force to substantiate a charge of rape.
Facts. Victim was 26 years old and lived in the same house with Defendant Jones, Defendant’s family and Victim’s foster mother. Victim testified that Defendant knocked on her bedroom door and asked her to have intercourse with him. She refused twice, but the third time he asked; she did not say no but did not resist intercourse in any way. The trial court found Defendant guilty of rape.
Issue. Whether there is substantial evidence to uphold a conviction of rape.