Brief Fact Summary.
Jones appealed a forcible rape conviction when he continued a sexual encounter with A.S. following her pleas for Jones to stop.
Synopsis of Rule of Law.
Verbal resistance qualifies as resistance to rape.
Jones and A.S. had a sexual affair that they both agreed would end after one final sexual encounter. After the final encounter, A.S. reminded Jones that the relationship was over and they would no longer be involved sexually. Jones proceeded to rape A.S. despite A.S.’s pleas for Jones to stop. One week later when Jones was at A.S. apartment, Jones began to touch A.S. sexually and A.S. did not say or do anything in hopes that Jones would leave her alone. Jones was convicted with two counts of forcible rape, and the court of appeals reversed the Count II forcible rape conviction.
Whether verbal resistance qualifies as resistance to rape?
Yes. Jones Count II conviction is reversed. Jones is liable for forcible rape under Count I of the conviction because A.S. verbally resisted Jones by yelling at him to stop. Jones cannot be held liable for forcible rape under Count II of the conviction because silence and inactivity does not qualify as resistance.
Although verbal resistance qualifies as resistance to rape, silence and inactivity does not constitute resistance.