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Force is physical only, and must happen at time of incident

Blocked path into school, grabbed arm and said "You're going with me."  Eventually let her go, said she would walk w/him and didn't run away b/c afraid.  Threatened to fix her face.  Told her she wouldn't be going to school.  Said if they were breaking up he had a right to make love to her again.  Headed to house of friend of D to do it, she went with, did not ask for help b/c D's friends.  Asked if she was ready and she said no.  Did not physically resist, but cried.

Not rape, the "fix your face" and arm grabbing were not related to rape.  She did not consent, but there was no force.

Physical force with resistance.

Agreed to give newly met rapist a ride home from bar.  She refused to come up to apt.  Refused a few times, became afraid, he took her keys and opened her door.  "If I do what you want will you not kill me?"  Lightly choked her.  Not rape b/c no resistance.

Second Appeal

Overturned, jury had right to decide based on testimony

Force is physical force or mental if unequal position.

Dorm room.  Talking, straddled her and fondled, tried to put his penis in her mouth.  She said no, I gotta go.  Rapist locked door.  Put her on the bed, took off her pants, raped her, she said no no no.  Rapist said we got carried away, she said no you got carried away.  Force must be physical, or if mental must have unequal positioning of the parties.  Age, mental and physical conditions, atmosphere of physical setting, if rapist was in position of authority, etc.

Force of sexual act can be enough force; affirmative, freely given consent.

Teenager went to friend's room in middle of night and made out with her, sex before she knew what was happening, hopped right off.