State v. Ricks

VAUGHN, Judge.

Defendant assigns as error the court’s failure to dismiss the case at the close of the State’s evidence due to its insufficiency. He alleges that the State produced no evidence from which a jury could reasonably infer that the act of intercourse was by force and against the will of Felicia Bellamy. We are compelled to agree.

It is well established that consent is a complete defense to an indictment charging the rape of a female over the age of twelve. State v. Henderson, 285 N.C. 1, 203 S.E. 2d 10 (1974). Consent, however, is not synonymous with submission, for submission due to…