STATE v. ALSTON
Supreme Court of North Carolina, 1984 310 N.C. 399, 312 S.E.2d 470.
Author: O.I. Falusi

FACTS: defendant had intercourse with his girlfriend, though the GF said "NO, that i wasn't going to bed with him" but she did not put up
physical resistance due to fear of her defendant.

PH: Defendant convicted of 2nd degree rape. Defendant appealled contending that the evidence against him is insufficient to constitute conviction of 2nd degree rape.

ISSUE: Whether saying NO and physically not showing interest in the sexual intercourse constitutes RAPE in the 2nd degree

HOLDING: No

ROL: Second degree rape involves vaginal intercourse with the victim both by force and against victim's will. Consent by victim is a complete defense, but consent which is induced by fear of violence is void and is no legal consent.

RATIONALE: In this case, state did not offer substantial evidence of the element of force, though actual physical force need not to be shown in order to establish force sufficient to constitute an element of the crime of rape. Threats of serious bodily harm which is reasonable to induce fear thereof are sufficient, but State provided no substantial evidence of either actual or constructive force.

Class note: Constructive force is a threat of force. How doe we define force?