Criminal Law Keyed to Dressler
State v. Alston
Facts
The Defendant and the victim Ms. Brown had been in a consensual sexual relationship. During the six-month relationship, the couple had conflicts at times. Ms. Brown sometimes enjoyed the sexual relations, but she often had sex with the Defendant merely to accommodate him. At times their consensual sexual relations involved violence. Finally, Ms. Brown left the Defendant to live with her mother, but she did not tell the Defendant she wanted to break off the relationship because she was afraid he would be angry. Approximately one month after she had left him, the Defendant approached Ms. Brown where she attended school. The Defendant and Ms. Brown walked and talked for some time, during which he made certain threats about fixing Ms. Brown’s face so that her mother could see he was not playing. Finally, the Defendant took Ms. Brown to a house of a friend of his. After a while, the Defendant asked Ms. Brown if she was “ready.” Ms. Brown replied that she wasn’t going to have sex wi th him. The Defendant began kissing Brown and undressing her. He told her to lie down on a bed. She complied, and the Defendant pushed her legs apart and had sexual intercourse with her. Ms. Brown did not try to push him away. The Defendant and Ms. Brown had sexual intercourse on one more occasion after the alleged rape, which appears to have begun as nonconsensual, but ended up being consensual.
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