State v. Alston

Facts

The defendant and Cottie Brown had been involved in a consensual sexual relationship for approximately six months. During this time, they had two conflicts in which Brown would leave the apartment she shared with the defendant. She testified that she would return to the defendant when he called to tell her to return. She also testified that although she sometimes enjoyed their consensual sexual relations, she often had sex with him just to accommodate him. On those occasions, she would stand still and remain entirely passive while the defendant undressed her and had sexual intercourse with her.

Brown testified that at times, their consensual sexual relations involved violence. The defendant had struck her several times throughout the relationships when she refused to give him money or do what he wanted.

On May 15, 1981, after the defendant struck her, Brown left the apartment and moved in with her mother. She did not have intercourse with him after May 15 until the alleged rape on June 15. She testified that she did not break off their relationship because she was afraid that he would get angry.

On June 15, 1891, Brown went to school to find the defendant standing close to the door. He blocked her path as she walked to the door and asked her where she had moved. Brown refused to tell him ,and the defendant grabbed her arm, saying that she was going with him. Brown testified that it would have taken some effort to pull away. Brown told the defendant that she would walk if he let her go, so he released her. She testified that she did not run away because she was afraid of him. There were other students near by.

Brown told the defendant that she wanted to go to class, and he said that she was going to miss class that day. The two walked to a friend’s house. Brown did not ask for assistance from the people she passed nor did she attempt to get away.

At the house, the friend was inside. They chatted with the friend for a little bit. When the friend left, the defendant asked Brown if she was ready. The evidence tended to show that she told him “no, that I wasn’t going to bed with him” She testified that she did not want to have sex with the defendant and did not consent to do so at any time. The defendant told her to lay down, pushed her legs apart, and had sexual intercourse with her. Brown testified that she did not try to push him away. She cried during the intercourse.

The defendant was charged with second degree rape. At trial, the defendant put on no evidence and moved at the close of the State’s evidence for a dismissal of the charges. The trial denied the motions and so did the Court of Appeals.