The victim and her foster mother shared a home with Jerry L. Jones (defendant), Jones’s wife, and Jones’s child. One night, Jones entered the victim’s bedroom and asked her to have sexual intercourse with him. She refused his request, and Jones asked again. The victim repeated her refusal to have sex with Jones, and he asked her a third time. Although the victim did not expressly refuse his third request, she did not consent to have intercourse with Jones. Nonetheless, Jones had intercourse with her. At trial, the victim testified that she did not cry out for help while Jones was having sex with her because she was afraid of Jones. The trial court convicted Jones of rape. He appealed, and the court of appeals affirmed his conviction. Jones sought review from the state supreme court.