State v. Jones

2011 WL 4011738 (2011)

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State v. Jones

Court of Appeals of Idaho
2011 WL 4011738 (2011)

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Facts

Jones (defendant) and A.S. were having an affair unbeknownst to A.S.’s husband. In May 2008, during a drive to A.S.’s apartment, Jones and A.S. decided to end their sexual relationship. Upon arriving at the apartment, Jones sat down next to A.S. on the bed and began to touch her. A.S. responded by saying that they had decided to end their relationship and that Jones should stop. Jones then got up, walked behind A.S., and began unfastening his pants. A.S. reacted by saying she did not want to engage in intercourse and pleaded for Jones to stop. Jones instead pushed A.S. down and pinned her arms underneath her body. Jones moved A.S.’s underwear aside and proceeded to have intercourse with her. Afterward, Jones apologized to A.S., admitting he had lost control. The State of Idaho (plaintiff) charged Jones with forcible rape. A jury convicted Jones, and he appealed, contending that there was insufficient evidence to establish that A.S. physically resisted Jones’s actions and that Jones overcame A.S.’s resistance by force or violence, as required by Idaho’s forcible rape statute.

Rule of Law

Issue

Holding and Reasoning (Guttierez, J.)

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