State v. Scott

Judge Wells

dissenting.

There is no question in my mind that the State’s evidence clearly showed that the victim in this case did not consent to sexual intercourse with defendant. I am also persuaded that the State’s evidence showed several acts of physical force used by defendant to accomplish his will and to overcome the victim’s will — or to put it more precisely — to overcome her lack of consent. I *685would render the trial court’s interesting comments less prophetic than found by the majority, and I vote to find no error in the trial.