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

The victim was a close friend of the Davis family. She went to D's mobile home to pick up her laundry. While she was in D's home, D's son, Gerald Davis, followed her to the laundry room and asked her to go with him to his bedroom. She refused and Gerald tried to force her to come with him to the bedroom. In an attempt to get away from Gerald, she ran to the living room and pleaded with D to help her. D, who had been drinking, told her he could not help her. She tried to keep D between Gerald and herself, but D moved out of the way. Gerald then dragged her down the hall and into the bedroom. D followed his son and the victim into the bedroom and lay next to them on the bed while Gerald raped her. She pleaded with D to help her, but D merely patted her hand and told her not to worry. D was convicted of second-degree assault as a principal in the second degree. D appealed.

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