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.
Issue. Whether there is substantial evidence to uphold a conviction of rape.
Held. The evidence does not constitute substantial evidence showing Defendant had intercourse with Victim by force or imminent threat of force.
Force or threat of force can be conveyed through something other than menacing words.
Without evidence of previous threats, of force against Victim by Defendant that would allow a jury to infer fear of force or threats on the occasion in question.
We look only to the evidence of probative value and the reasonable inferences to be drawn therefrom which support the verdict.View Full Point of Law