Criminal Law Keyed to LaFave
State v. Alston
Defendant and the prosecuting witness were dating for six months and lived together. They had numerous fights and at times, the witness would leave the apartment due to the fights to stay with her mother. During that time, the witness stated she had sexual relations merely to accommodate Defendant. After the witness moved out, Defendant repeatedly tried to contact her. Several months later the witness accused the Defendant of kidnapping and rape. Defendant contended that she went willingly with him and had intercourse with him by choice. The Trial Court denied Defendant’s motion to dismiss on both charges. The Appellate Court affirmed and Defendant appealed.
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