State v. Bunyard

Josiah Bunyard (defendant), 21, met 17-year-old E.N. at a party and invited her and a friend to watch a movie in his car; after the friend left, Bunyard and E.N. began kissing and undressing, and intercourse began. E.N. then asked Bunyard to stop, but he continued for nearly 10 minutes until she began crying, at which point he stopped. E.N. reported the incident to police four days later. The State of Kansas (plaintiff) charged Bunyard with rape; during deliberations, the jury asked whether withdrawing consent after penetration could legally constitute rape, but the trial court simply directed jurors back to the standard elements instruction rather than answering directly. The jury convicted Bunyard, and he appealed, arguing the rape statute doesn't cover postpenetration conduct and, alternatively, that the state failed to prove he didn't stop within a reasonable time after E.N. withdrew consent.