People v. Galvarino-Gonzalez
California Court of Appeal
2003 WL 21214264 (2003)
Hector Galvarino-Gonzalez (defendant) forcibly took a mentally disabled woman to a motel, repeatedly touched her against her wishes en route, locked her in the room, physically struggled with her while removing her pants despite her resistance, and raped her multiple times; he appealed his forcible rape conviction, arguing insufficient evidence of the force required for that specific offense, since the physical struggle occurred only in the course of removing her clothing to accomplish the rape itself.
Whether a defendant may be convicted of forcible rape when the physical force he used was necessary to remove the victim's clothing to accomplish the rape, rather than being separate, additional violence beyond what physically enabled the act.