Rucker v. State
Texas Court of Criminal Appeals
599 S.W.2d 581 (1979)
Rucker (defendant) attacked a woman in her car, forced her to a remote road, and raped her while repeatedly striking her, causing bruising and swelling but no permanent injury; afterward, he threatened to shoot her if she did not run away. He was convicted of aggravated rape and sentenced to life, and he appealed, arguing the evidence did not establish the required aggravating circumstance -- a threat of serious injury or death that compelled submission to the rape.
Whether most jurisdictions treat first-degree rape or sexual assault with aggravating circumstances as a more serious felony than basic rape, subject to higher penalties, and whether the evidence here established the required aggravating element.