State v. Bunyard

281 Kan. 392, 133 P.3d 14 (2006)

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Nature of the Case

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Facts

D was 21 years old when he met E.N. at a pool party at the home of a mutual friend. E.N. was 17 years old and flirted with D. She invited him to a party at her friend's house the following night. The next night after talking with E.N., D invited her to watch a movie in his car with another one of his friends. After D's friend left the car, D and E.N. began kissing. E.N. did not object when D removed her clothing. She did not object when D removed his clothing and placed a condom on his penis. After he penetrated her vagina with his penis, E.N. said, 'I don't want to do this.' D did not stop, replying, 'Just a little bit longer.' E.N. again stated that she did not 'want to do this,' but D did not stop. E.N. testified that she unsuccessfully tried to sit up and roll over on her stomach to get away from D. After 5 minutes E.N. began to cry, and D stopped having sexual intercourse with her. D said she had given him 'blue balls,' and E.N. declined to perform oral sex. D testified that E.N. was on top of him during consensual intercourse and they were talking. E.N. asked him if he wanted a relationship and if he planned on calling her the next day. D said he was not interested in a relationship. E.N. became upset, got off of him, and told him about how she had been hurt by other guys in the past. E.N. wanted to continue kissing and wanted him to stay in the car and hold her, but the defendant did not stay in the car and told her to get dressed. E.N. was visibly upset and told K.B. that she had been taken advantage of and said she was raped. Four days later, E.N. reported the incident to the police, and she was examined at the local hospital. A cluster of abrasions consistent with blunt force trauma in E.N.'s vagina were discovered. The examiner testified that the location of the abrasions was consistent with mounting injuries. D was convicted and appealed his conviction for one count of rape to the Court of Appeals. The majority affirmed. D appealed.