Trust Territory v Loney [1975] TTLawRp 30; 7 TTR 172 (31 January 1975)

7 TTR 172

TRUST TERRITORY OF THE PACIFIC ISLANDS, Plaintiff

v.

KERAHD LONEY, Defendant

Criminal Case No. 6-74

Trial Division of the High Court

Ponape District

January 31, 1975

Prosecution for rape. The Trial Division of the High Court, Brown, Associate Justice, held that the offense charged occurred where defendant lured victim into house, threatened to beat or kill her with a rock if she resisted, caught her and threw her to the floor when she attempted to run, and penetrated

1. Rape—Elements-Force

Whether rapist threatened to kill, or to beat victim, was immaterial with respect to necessary element of force. (11 TTC § 1302)

2. Rape—Elements—Penetration

Testimony of rapist's victim that there was penetration, and medical officer's testimony that examination showed lacerations of the posterior wall of the vagina and a ruptured hymen established intercourse. (11 TTC § 1302)

3. Rape—Elements—Penetration

If the other requisite elements of rape are established, any penetration, however slight, is sufficient to complete the crime. (11 TTC § 1302)

4. Rape—Elements—Emission

Proof of emission is not necessary to establishing rape. (11 TTC § 1302)

5. Rape—Elements—Force

With respect to proof of force as a necessary element of rape, the victim's resistance need only be such as to make the absence of consent and the actual resistance reasonably apparent, and must be apportioned to the outrage, and the amount of resistance required depends upon the surrounding circumstances, such as the relative strength of the parties, the age and condition of the victim, the uselessness of resistance as it would appear to the victim and the degree of force shown by the perpetrator, and the victim is not required to resist until her strength or consciousness is gone. (11 TTC § 1302)

6. Rape—Elements—Force

Where defendant lured 12 year old girl into house, threatened to beat or kill her with a rock in his hand, physically restrained her when she tried to run and threw her to the floor and assaulted her, force was established. (11 TTC § 1302)

7. Rape—Elements—Force

Where victim tried to run away from rapist but was caught and thrown to the floor, it was established that the intercourse was against her will. (11 TTC § 1302)

8. Constitutional Law—Double Jeopardy

Where defendant was found guilty of both rape and statutory rape, finding of guilty of the latter charge would be set aside on motion of defendant. (11 TTC § 1302)
Assessor: YOSTER CARL, Associate Judge
Interpreter: HERBERT GALLEN
Reporter MISSY F. TMAN
Counsel for Plaintiff: MINOR POUNDS, ESQ., District Attorney, and DICKSON SANTOS, Assistant District Prosecutor