State v. Jones

Jones (defendant) and A.S. had a years-long affair that they agreed to end on May 22, 2008 -- but had consensual sex that same day anyway. Afterward, Jones began touching A.S. again; she reminded him their encounter was supposed to be their last, but he pinned her down and had sex with her despite her repeated yells and pleas to stop (Count I). Days later, at A.S.'s apartment, Jones again began touching her sexually while she lay on the couch; this time A.S. said and did nothing, silently hoping he would stop, and "froze" in fear while he had sex with her (Count II). A jury convicted Jones on both counts; the Idaho Court of Appeals affirmed Count I but reversed Count II, and Jones appealed further.