State v. Moorman

The victim testified she was asleep, dreaming she was having sex, and woke to find Moorman (defendant) on top of her having intercourse; when she tried to get up, he pushed her down, and she stopped resisting out of fear for her safety. Moorman claimed the room was dark and he mistakenly believed the victim was someone else. The court of appeals reversed the trial conviction on the theory that North Carolina recognizes two separate rape theories — forcible/nonconsensual rape, and rape of a physically helpless victim — and that the prosecution had proceeded on the wrong (forcible) theory given that the victim was asleep. The State appealed.