Hammes v. State

Rape in the second degree; sentence: ten years' imprisonment.

The fourteen-year-old prosecutrix testified she was awakened by her father, the appellant, at 6:00 a.m. on the morning of February 14, 1981. He directed her to go to his bedroom, and then he went to look to make sure that her step-mother had departed for work and that the door was locked. Appellant returned to the bedroom and instructed the prosecutrix to undress and get into his bed. After a few minutes, he pulled down his underwear and made the prosecutrix sit on top of him. He then proceeded to have sexual intercourse with the…