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State v. Alston

Supreme Court of North Carolina

312 S.E.2d 470 (1984)

Relevant factsFree

Brown, previously in a consensual relationship with Alston (defendant), left him after he hit her, but he later approached her and, amid threats concerning her mother's interference in their relationship, insisted they have sex; Brown said nothing in response to his demand, verbally told him she didn't want to have sex once at the location, but didn't push him away, and reported the incident to police afterward. Alston was convicted of second-degree rape.

IssueFree

Whether, in order to prove rape, it is sufficient to show that sexual intercourse was obtained without the consent of the victim.

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