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STATE v. BROOKS

Supreme Court of Kansas (2014) | 317 P.3d 54; 298 Kan. 672

4 min read

TL;DR: A man used blackmail, threatening to expose the victim's affair, to coerce her into sexual intercourse. The court held that the victim's fear of public humiliation, not just fear of physical violence, was legally sufficient to prove she was "overcome by fear" under the state's rape statute.

Legal Significance: This case broadens the definition of "fear" in rape statutes, establishing that fear of non-physical harm, such as reputational damage from blackmail, can be legally sufficient to prove a victim was "overcome by fear," thereby negating consent and constituting rape.