State v. Elnicki

McAnany, J.:

Justin Elnicki was convicted of rape and aggravated criminal sodomy in 2002. The facts that led to Elnicki’s convictions are detailed in the reported opinions in State v. Elnicki, 279 Kan. 47, 48-50, 105 P.3d 1222 (2005), and State v. Elnicki, 32 Kan. App. 2d 266, 80 P.3d 1190 (2003). We need not repeat them here, other than to note that the 19-year-old victim testified that after she accepted Elnicki’s offer for a ride he forced her to engage in fellatio and sexual intercourse. Elnicki contended that the victim engaged in consensual oral sex and became angry when he refused to…