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Criminal Law Keyed to Ohlin
State v. Jones
Citation:
2011 WL 4011738 (2011)Facts
A.S. was engaged with children. However, her and the defendant had been having a sexual relationship for approximately four years. On May 22, 2008, they decided that they should end their affair. The next morning, they engaged in consensual sex. Afterwards, A.S. went to the bathroom and when she returned to the bedroom, she saw the defendant looking at pornographic material.
He sat next to her on the bed and began to touch her. A.S. told him that she thought they had decided that they weren’t going to have sex anymore. The defendant reacted by getting up, walking around behind her, and unfastening his pants. A.S. protested that she did not want to engage in intercourse, but he pushed A.S. down to where she couldn’t get up and her arms were pinned beneath her body. The defendant proceeded to have intercourse with her.
After, he apologized and asked if she was alright. He told her that she could press charges if she wanted to because he was out of line and lost control. A.S. called a women’s center and told them she had been raped.
A.S. stayed in contact with the defendant, and on May 27, he came over to watch movies at her residence. A.S. testified that she was taking a prescribed anti-anxiety medication that caused her to be drowsy. Due to her drowsiness, she laid down on the couch in the living room while the defendant used her computer in the bedroom. At some point, he went to the couch and began to stroke her hair. A.S. testified that he pulled her hair, but she did not respond and pretended to be asleep. The defendant then grabbed her breasts, forcefully touched her private area, and proceeded to engage in intercourse with her while she was lying on the couch and not moving. A.S. testified that she was “paralyzed by fear” and neither physically resisted Jones nor made any verbal protest.
The jury convicted the defendant of two counts of forcible rape, based on the May 22 incident and the May 27 incident. He appealed, arguing that the state failed to prove that A.S. physically resisted him.
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