State v. Zaccardi

Otis, Justice.

Defendant was charged with rape in violation of Minn. St. 617.01 (3) , 1 was found guilty, and sentenced to a term not to exceed 30 years. He appeals from the conviction.

Although defendant denies that he was in any way implicated in the offense, he raises as an additional defense the issue of consent. In support of his argument, defendant claims that the victim testified she neither cried out nor physically resisted the intruder’s advances. On the contrary, she said she conversed with him in a calm, dispassionate manner, attempting to dissuade him from accomplishing his purpose.

W…