State v. Bunyard

The defendant was 21 years old when he met E.N. at a pool party at the home of a mutual friend. E.N., who was 17 years old, flirted with the defendant. She thought the defendant was “cool” so she invited him to a party at her friend’s house the following night.

The following night, after talking with E.N. for awhile, the defendant invited her to watch a movie in his car. The defendant and E.N. began kissing. E.N. did not object when the defendant removed her clothing or when the defendant removed his clothing and placed a condom on his penis. However, after the defendant laid E.N. back in the seat and penetrated her vagina with his penis, E.N. said, “I don’t want to do this.” The defendant did not stop, replying, “Just a little bit longer.” E.N. again stated that she did not “want to do this,” but the defendant did not stop. E.N. testified that she unsuccessfully tried to sit up and roll over on her stomach to get away from the defendant. After 5 or 10 minutes had passed, E.N. began to cry, and the defendant stopped having sexual intercourse with her. The defendant told her she had given him “blue balls,” and E.N. declined his request for her to perform oral sex.

Four days later, E.N. reported the incident to the police, and she was examined at the local hospital. The sexual assault examiner detected a cluster of abrasions consistent with blunt force trauma in E.N.’s vagina. The examiner testified that the location of the abrasions was consistent with mounting injuries. Although consensual sex could not be ruled out, the examiner testified that mounting injuries are more commonly found after nonconsensual sexual intercourse.

The defendant was convicted of rape. He appealed, arguing that the Kansas rape statute does not include circumstances where consent is revoked after intercourse has begun.