Brown and D had been involved in an on again-off again relationship for six months. The couple had sex throughout the relationship.
The relationship was characterized by fights and even violence at times. Brown eventually worked up the courage to break up with D. D claimed that he had the right to have sex with her one more time.
Brown said that she didn't want to have sex, but she did not put up any kind of fight to keep him from doing so.
She filed charges against him the next day.
Later, they began having a consensual sexual relationship again.
Trial court found D guilty of second degree rape.
NC Supreme Court reversed, D not guilty.
What is necessary for second degree rape in NC?
Second degree rape in NC requires vaginal intercourse with the victim both by force and against the victim's will.
Consent which is induced by fear of violence is void and is no legal consent.
In this case, it is clear that the sex was against her will.
However, there is no evidence of either actual or constructive force.
The record is devoid of evidence that Brown was in any way intimidated into having sex with D by any threats or acts on the date in question.
Although Brown's general fear of the D may have been justified, absent evidence that the D used force or threats to overcome the will of the victim to resist the sexual intercourse, such general fear was not sufficient to show that the D used force.