People v. Smalley

Sylvester Smalley, the defendant, was indicted for rape and unlawful restraint. In a bench trial, the court found defendant not guilty of rape, but guilty of unlawful restraint of the complainant and also of intimidation as a lesser included offense of rape. The defendant was sentenced to 2 to 6 years for intimidation. He was not sentenced for unlawful restraint.

The evidence was sufficient to establish that the defendant intimidated the complainant into engaging in sexual intercourse with him by taking a gun out of his pocket and showing it to her, and then telling complainant that if she did…