State v. Bunyea

Convicted of rape in the first degree 1 after trial by jury, defendant on appeal assigns as error: (1) failure to give his requested jury instructions on mistake of fact 2 and the statutory definition of "knowingly,” 3 and (2) the court’s instruction to the jury on aiding and abetting. 4

Defendant and a friend named Phillips escorted the victim by car to defendant’s apartment. Upon arrival, the victim said she wanted to walk home, but defendant restrained her and told her he would not let her walk. She then entered the apartment to use the toilet. When she emerged from the bathroom, defendant,…