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State v. Bunyard

Supreme Court of Kansas
133 P.3d 14 (2006)


Facts

Josiah Bunyard (defendant), 21, met 17-year-old E.N. at a party. Bunyard invited E.N. and a friend to watch a DVD movie in his car. A short time later, the friend exited the car and Bunyard and E.N. began kissing and removing their clothes. After beginning intercourse, E.N. asked Bunyard to stop. Bunyard refused. After nearly 10 minutes, E.N. began to cry and Bunyard stopped. Four days later, E.N. reported the incident to the police. The State of Kansas (plaintiff) charged Bunyard with the rape of E.N. During deliberations, the jury asked the trial court whether withdrawal of consent after penetration fit the legal definition of rape. The trial court did not answer the jury’s question, but instead referred the jury back to the instructions on the elements of the offense. The jury convicted Bunyard of raping E.N. Bunyard appealed, arguing that the rape statute did not cover postpenetration conduct. Bunyard further argued that even if rape can occur after consensual penetration, the state failed to prove that he did not stop within a reasonable time after E.N. verbally withdrew her consent. The court of appeals affirmed. The Supreme Court of Kansas granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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