Acosta v. State

QUILLEN, Justice:

We state the facts with heavy reliance on the statement of facts found in the defendant’s brief, which statement has also been basically adopted by the State.

The defendant was convicted on four counts of Rape Second Degree (two counts based on cunnilingus and two counts based on fellatio) in violation of 11 Del.C. § 763. That section provides:

“A male is guilty of rape in the second degree when he intentionally engages in sexual intercourse with a female without her consent.”

The applicable definitional sections of the Delaware Code pertinent to the above are 11 Del.C. § 767(3)…