State v. Foust

Lewis, J.:

The defendant appeals his jury conviction on a charge of rape. We reverse that conviction and remand for a new trial.

The facts are not particularly relevant to the issues on appeal. However, the record shows that the defendant and a friend were out driving in the defendant’s Jeep. They ultimately met with V.C., who, although she knew neither of the two men, agreed to go “four-wheeling” with them.

From this point on, the evidence is sharply conflicting. According to V.C., the defendant drove to a rural area where he dragged her out of the Jeep and forcibly raped her. V.C. testified…