Brown v. State
Supreme Court of Wisconsin
106 N.W. 536 (Wis. 1906)
Relevant factsFree
Nethery testified that Brown (defendant) grabbed her in a field and had sex with her, and that she "tried as hard as she could to get away" and asked him once to let her go, but she did not testify to using her hands or legs to physically push or kick him off. The trial court convicted Brown of rape, and he appealed.
IssueFree
Whether a rape conviction can be sustained without evidence that the victim exercised the utmost physical resistance against the assailant.