State v. Gamez

I respectfully dissent.

We have here an incident of non-consensual intercourse. The complainant had a right to say “no” and her protestations should have been respected by appellant.

But criminal sexual conduct in the third degree is not defined simply as sexual intercourse without consent. It involves more; as charged in this case it involves penetration “caused by force or coercion.” Because that is not what happened, the conduct of the appellant does not fulfill the elements of third degree sexual conduct.

Both “force” and “coercion” are defined in the statute. The state, conceding that…