People v. DeFrates

Defendant was charged and tried, without a jury, of the crimes of rape and deviate sexual assault. The court found him guilty of rape and sentenced him to ten to twenty-five years in the Illinois State Penitentiary.

In his nine-page brief, with three pages of argument, defendant asks for a reversal on the ground that the People failed to prove beyond á reasonable doubt that the act of intercourse was forcible and against the will of the complaining witness. The act of intercourse is admitted; the problem is whether complainant gave her consent.

The facts, briefly stated, are as follows.…