Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

State v. Bunyard

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


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


Holding and Reasoning (Davis, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial