Delatorre v. State

According to statute, L.C. 35-42-4-1, the crime of rape can be a Class A felony if it is committed by threatening the use of deadly force. Here the verbal part of the threat was "I am going to tie you up and I have a knife." There was also a physical part to the threat. The man grabbed her, they struggled, something was thrown over her head, and she was thrown to the floor. The intruder had a strong and painful hold around her neck as he spoke. When the two parts are considered together, I agree that there is sufficient evidence of the element of threat of deadly force. I continue to be…