State v. Brooks

Defendant was convicted of rape, blackmail, and breach of privacy. The court of appeals reversed Defendant’s convictions for rape and breach of privacy, concluding that the evidence was insufficient to support the convictions. The Supreme Court reversed the court of appeals’ decision reversing Defendant’s rape conviction, holding (1) the court of appeals did not err in concluding that the phrase “force or fear” in Kan. Stat. Ann. 21-3502(a)(1)(A) establishes a single means of committing rape; and (2) the court of appeals erred in interpreting the term “fear” and in determining that insufficient evidence was presented at trial to show that the victim did not consent to the sexual intercourse because she was overcome by fear. View "State v. Brooks" on Justia Law