State v. Bray

Defendant, a 38-year-old male, was convicted of forcibly raping a slightly retarded 16-year-old female who lived with her stepmother in a separate unit of the same apartment complex in which he lived. RCW 9.79.190(l)(a). 1 The case was tried to the court with the victim as the principal witness. The evidence of intercourse was fairly conclusive; the central issue in the case was whether the victim clearly expressed her lack of consent by words or conduct. We hold she did and affirm the defendant's conviction.

On May 7, 1977, the victim, her stepmother, and her brother had dinner at defendant's…