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State v. Robinson

496 A.2d 1067 (1985)

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State v. Robinson

Maine Supreme Court

496 A.2d 1067 (1985)

Facts

At trial, the victim and Gordon Robinson III (defendant) gave sharply divergent testimonies about the incident in question. The victim testified that she allowed Robinson into her home because he had run out of gas and requested to use her telephone. Rather than use the telephone, Robinson entered the victim’s living room and thereafter forced her against her will to submit to sexual intercourse with him. Meanwhile, Robinson testified that he and the victim engaged in consensual sexual intercourse but that during intercourse the victim declared, “I guess I don’t want to do this anymore,” at which point Robinson stopped, got dressed, and left her home. During deliberations, the jury asked, “if two people began consenting to an act, then one person says no and the other continues – is that rape?” The judge answered in the affirmative and emphasized that the key element is “continuation under compulsion.” The jury found Robinson guilty of rape. On appeal, Robinson attacked the trial judge’s instruction as erroneous, arguing that once initial penetration of sexual intercourse is made with consent, subsequent revocation of consent could not transform continued sexual intercourse into rape, even if compelled.

Rule of Law

Issue

Holding and Reasoning (McKusick, C.J.)

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