Physical force is not required. Intimidation may substitute for force. Lack of resistance, induced by fear, is force, and may be shown by the victim’s state of mind from her prior experience with the perpetrator and subjective apprehension of danger from him.
Williams v. State, 304 Ga. App. 592 (2010)
Matlock v. State, 302 Ga. App. 173 (2010)
The testimony of the victim alone (without evidence of physical injury) is sufficient to establish rape and support of conviction for that offense.
Brown v. State, 293 Ga. App. 633 (2008)
Force element of rape is shown if a defendant’s words or acts were sufficient to instill in the victim a reasonable apprehension of bodily harm, violence, or other dangerous consequences to herself or others.
Stover v. State, 293 Ga. App. 210 (2008)
Importantly, only minimal evidence of force is required in order to prove rape of a person under the age of 16, and intimidation may substitute for force.
Wightman v. State, 289 Ga. App. 225 (2008).
“Consent induced by force or fear is not the free consent required to prevent an act from constituting rape; it is equivalent to no consent at all.
Smith v. State, 287 Ga. App. 222 (2007)
Collins v. State, 267 Ga. App. 784 (2004)
Substantial violence by the perpetrator or vigorous resistance by the victim is not required to find rape if forcible intercourse is otherwise found.
Dorsey v. State, 206 Ga. App. 709 (1992)
Ages 12-34 are the highest risk years for rape and sexual assault.
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