State v. Jones
Court of Appeals of Idaho
2011 WL 4011738 (2011)
Jones (defendant) and A.S. were having a secret affair. During a May 2008 drive, they agreed to end it, but once at A.S.'s apartment, Jones began touching her; she told him to stop because they'd agreed it was over. Jones then got up, moved behind her, and began unfastening his pants; A.S. pleaded with him not to have sex. Jones pushed her down, pinned her arms beneath her body, moved her underwear aside, and had intercourse with her, later apologizing and admitting he'd lost control. A jury convicted Jones of forcible rape, and he appealed, arguing there wasn't enough evidence that A.S. physically resisted or that he used force beyond what's inherent in nonconsensual sex.
Whether, under the extrinsic-force standard, a person commits forcible rape by overcoming a victim's resistance with force beyond that inherent in the nonconsensual sexual act itself.