## Facts

- Russell Jones and A.S. were engaged in an affair that A.S.’s husband did not know about.
- In May 2008, while driving to A.S.’s apartment, Jones and A.S. agreed to end their sexual relationship.
- After arriving at the apartment, Jones sat next to A.S. on a bed and began touching her.
- A.S. told Jones to stop and reminded him they had decided to end the relationship.
- Jones stood up, walked behind A.S., and began unfastening his pants.
- A.S. said she did not want to have intercourse and pleaded with Jones to stop.
- Jones pushed A.S. down on the bed and pinned her arms underneath her body.
- Jones moved A.S.’s underwear aside and had intercourse with her.
- Afterward, Jones apologized, said he had lost control, and acknowledged A.S. could press charges.
- The State charged Jones with forcible rape under Idaho law.
- A jury convicted Jones, and he appealed, arguing the evidence was insufficient because A.S. did not physically resist and because the State did not prove he overcame resistance by force or violence.

## Issues

1. Whether substantial evidence supported the forcible-rape conviction where the victim repeatedly refused and pleaded for the defendant to stop, and the defendant proceeded by pushing her down and pinning her arms.

## Decision

- The Idaho Court of Appeals affirmed the judgment of conviction.
- The court held that a reasonable juror could find beyond a reasonable doubt that A.S. resisted and that Jones overcame her will by force or violence, based on her verbal refusals and his physical restraint.

## Legal Principles

- In a sufficiency-of-the-evidence challenge, an appellate court views the evidence and reasonable inferences in the light most favorable to the prosecution and asks whether a rational jury could find the elements proven beyond a reasonable doubt.
- Forcible rape requires proof of unlawful intercourse where the victim’s will (or resistance) is overcome by force or violence; the focus is on whether the defendant used force to accomplish intercourse against the victim’s expressed opposition.
- A forcible-rape conviction does not require proof that the victim fought back with significant physical struggle or suffered injuries when the evidence shows clear nonconsent and the defendant used physical restraint to complete the act.
- Repeated verbal refusals and pleas to stop are evidence of resistance and nonconsent; physical acts such as pushing the victim down and pinning the victim’s arms can constitute force or violence sufficient to overcome that resistance.
- A prior sexual relationship between the parties does not establish consent to intercourse on a later occasion when the victim communicates refusal and the defendant proceeds by restraint.

## Conclusion

State v. Jones, 2011 WL 4011738 (Idaho Ct. App. 2011) affirmed a forcible-rape conviction, concluding the jury had sufficient evidence that A.S. resisted and that Jones overcame her will by force or violence where she repeatedly refused and pleaded with him to stop and he pushed her down and pinned her arms before having intercourse.


State v. Jones, 2011 WL 4011738 (2011)