State v. Colson

McKUSICK, Chief Justice.

The indictment brought under 17-A M.R. S.A. § 252 (Supp.1978) charged that defendant “Robert James Colson did by force and against her will compel [the prosecutrix] to engage in sexual intercourse, [the prosecu-trix] not being his spouse.” This indictment tracked the language of subsection (l)B(l) of the rape statute, which defines one form of compulsion to submit to sexual intercourse as being that exerted “by force and against the person’s will”; it did not include the language of subsection (1)B(2), which defines another form of compulsion, namely, a “threat that…