Smith (defendant) had a few drinks with T and invited her and her friend to Smith’s apartment to continue having fun together. The friend never arrived, so Smith and T were alone in Smith’s apartment. Smith then wrapped his arm around T while the two sat on Smith’s couch and made many unwanted sexual advances toward T. She kept saying she did not want to have sex with Smith, but Smith was an imposing figure and T could not get away. T finally gave into these sexual advances, believing that she would get hurt if she did not have sex with Smith. Afterwards, Smith was arrested and charged with first-degree sexual assault. Smith was convicted, and he appealed, claiming that the evidence of T’s non-consent to the intercourse was insufficient to warrant a conviction.