Jones v. State
Supreme Court of Indiana
589 N.E.2d 241 (1992)
Jerry Jones (defendant) lived with the victim and her foster mother. One night, Jones entered the victim's bedroom and asked her three times to have sex; she refused the first two requests and did not expressly refuse the third but also never consented. Jones proceeded to have intercourse with her anyway. At trial, the victim testified she didn't cry out for help because she was afraid of Jones, though she didn't tie that fear to any specific threat he made. Jones was convicted of rape, the conviction was affirmed on appeal, and Jones sought review from the state supreme court.
Whether a defendant may be found guilty of rape where there is no evidence that he compelled the victim to have sexual intercourse through force or the threat of force.