In re John Z.

Juan G. asked 17-year-old Laura T. to drive him to a party at John Z.’s (defendant) house. At the party, both Juan and John consumed alcohol, but Laura did not. Juan expressed a desire to have sexual intercourse with Laura, but Laura declined. When John and another party guest asked Laura why she was unwilling, Laura explained that she was not ready. Later that evening, John asked Laura to accompany him to his bedroom, and he asked Laura be his girlfriend. Juan then also came into the bedroom. John and Juan asked Laura if she fantasized about being with two men and began kissing Laura and removing her clothes. The boys then touched Laura’s breasts and digitally penetrated her. Laura did not object to this conduct. John then left the room while Juan had sexual intercourse with Laura over Laura’s objections. After Juan left the bedroom, John returned and began kissing Laura and complimenting her body. Without any overt objection from Laura, John rolled her onto her back and began to have sexual intercourse. John then rolled so that Laura was on top of him. Laura testified that she repeatedly tried to pull up and extract herself from John, but that he insistently pulled her back onto him. After John rolled Laura back underneath him, Laura attempted to get away and told John that if he was interested in a relationship with her then he would respect her wishes that she didn’t want to have intercourse. Laura also repeatedly informed John that she needed to leave to go home. John continued the sexual intercourse for five to 10 minutes after Laura began objecting to the conduct. John was convicted of forcible rape under California Penal Code § 261(a)(2), and the appellate court affirmed the conviction. John appealed on the ground that the evidence was insufficient to support liability for forcible rape.