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State v. Thompson

Montana Supreme Court
792 P.2d 1103 (1990)

Facts

Gerald Roy Thompson (defendant), the principal and basketball coach at a high school, threatened a female student on more than one occasion that she would not graduate unless she had sexual intercourse with him. The female student relented and did not report the encounters until after she graduated. Thompson was charged with two counts of having sexual intercourse without consent and one count of sexual assault. The indictment alleged that Thompson’s threats caused the female student to endure “great psychological pain and fear.” Defense counsel filed a motion to dismiss the two counts of sexual intercourse without consent claiming the female student’s stress, psychological pain and fear failed to meet the “without consent” requirements under the statute. The trial court agreed, granted defense counsel’s motion, and dismissed the indictment. The State appealed.

Rule of Law

Issue

Holding and Reasoning (Sheehy, J.)

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