State v. Flynn

The state (plaintiff) charged Ira Flynn (defendant) with rape of A.S., who said she withdrew consent partway through intercourse. Flynn claimed A.S. initially consented but objected once they moved to the ground, and that he did not stop for 30 seconds to two minutes because he was unsure she was serious. Afterward, Flynn left A.S. voicemails apologizing and admitting he had "f***ed up." The trial court did not instruct the jury that rape can occur after withdrawal of initial consent (a Bunyard instruction). The jury convicted Flynn only of the rape occurring on the ground, and he appealed; the appellate court reversed for lack of the instruction, and the state sought further review.