State v. Russell G. Jones

J. JONES, Justice.

Russell G. Jones appealed his conviction by an Elmore County jury on two counts of rape. The case was initially heard by the Idaho Court of Appeals, which affirmed on one count and reversed on the second. 1 Jones sought review, which we granted in order to consider the force and resistance necessary with respect to a charge of forcible rape.

I

FACTUAL AND PROCEDURAL HISTORY

In the spring of 2008, Jones, Craig Carpenter, and the victim, A.S., were longtime friends. Carpenter and A.S. were engaged and had children together but, unbeknownst to Carpenter, Jones and A.S. had been…