People v. Iniguez
Supreme Court of California
872 P.2d 1183 (1994)
Hector Iniguez (defendant) woke the sleeping victim by entering her room naked, pulling down her pants, and fondling her before having nonconsensual intercourse; the victim testified she did not resist or try to escape because she was paralyzed with fear. Iniguez was convicted of rape, but an intermediate appellate court reversed, reducing the conviction to sexual battery on the ground that insufficient evidence showed he used force or fear of immediate bodily injury given the victim's lack of physical resistance; the prosecution sought review.
Whether a rape conviction requires proof the victim physically resisted the perpetrator's unwanted sexual contact, or whether genuine, reasonable fear of immediate and unlawful bodily injury can support the force element even absent physical resistance.