Supreme Court of California
872 P.2d 1183 (1994)
On June 15, 1990, Hector Guillermo Iniguez (defendant) woke the victim by walking naked into the room where she was sleeping, pulling down her pants, and fondling her buttocks. Iniguez then had nonconsensual intercourse with the victim. The victim did not resist or attempt to escape Iniguez’s unwanted sexual contact. The victim testified that she did not attempt to resist or attempt to escape because she was paralyzed with fear. Iniguez was convicted of rape. The court of appeals reversed, reduced Iniquez’s conviction to sexual battery, and remanded for resentencing. In reaching this decision, the appellate court concluded that there was insufficient evidence to demonstrate that Iniguez used force or fear of immediate and unlawful bodily injury to have sex with the victim. The prosecution petitioned for review of the appellate court’s decision.
Rule of Law
Holding and Reasoning (Arabian, J.)
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