This section contains the nature of the case and procedural background.

D and J.D. were employees of separate businesses located in the Shoppers' Forum shopping mall. J.D. accepted an invitation from D's' father to join him, his girlfriend, and D for dinner. The four went out to dinner and thereafter to a nightclub for drinks and dancing. J.D. asked D to take her home. Instead, he took her to his apartment. She alleges that he 'forced' her to enter his apartment and used a key to close a deadbolt lock and pocketed the key, preventing her from leaving. D had intercourse with her against her will and restrained her at the apartment until morning at which time he accepted her request to drive her home. Her objections were verbal, and she never forcibly resisted. D never threatened her or struck her. She was afraid of D because she noticed a handgun on a chair in the room. D never touched or even mentioned the handgun. D testified that he had intercourse with her consent. He contends that he did not notice anything about her behavior or demeanor to the contrary. D's father and his father's girlfriend testified that during the early evening J.D. seemed comfortable in D's company and satisfied to be with him. D was convicted of first-degree sexual assault. The statute defined intercourse without consent as intercourse in which the victim, with or without resisting, is coerced by the use of force or by an express or implied threat of imminent death, injury, or kidnapping. D was convicted and appealed.

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