Mario Ladon Thomas was convicted and sentenced on one count of rape and two counts of child molestation. His sole argument on appeal is that the evidence was insufficient to support the conviction for rape because there was no evidence of force. Construed in favor of the verdict,1 the evidence shows that on or about August 5, 2003, S. G., who was 15 years old, returned home from summer volleyball practice at school and sat down to watch some television while still wearing her basketball shorts and a t-shirt. She was alone because her mother worked long hours. Thomas, S. G.’s 22-year-old cousin, who knew of S. G.’s mother’s work schedule, entered the house, sat down beside S. G., and touched her upper thigh. In response, S. G. got up and went to her room without saying anything; Thomas followed her. S. G. was lying on her bed when Thomas came into her room. He then turned her onto her back, grabbed her shorts and underwear, and pulled them off. S. G. testified that she did not try to stop Thomas. Thomas then got on top of S. G. and pulled his own pants down. S. G. did not say anything at that point. Thomas touched her thigh and vagina and then began intercourse. S. G. testified that she did not tell Thomas to stop or say anything, and that Thomas did not prevent her from doing so. The incident lasted about four minutes. At the end, Thomas told S. G. not to say anything or tell anyone. When asked what kind of tone Thomas used, S. G. testified, “It wasn’t a threat but it was like a demanding tone.” S. G. testified that she did not want the incident to happen. To explain her lack of resistance, S. G. testified, “I was shocked and scared at the same time so I didn’t say nothing.” She testified that she did not try to fight because he was bigger than she.
After Thomas left, S. G. showered and stayed in her room for 45 minutes until her mother came home. But S. G. did not tell her mother what happened because she was afraid of how her mother would react; the incident only came to light when she told a teacher two weeks later. She had become emotional in school one day after witnessing a boy attempt to put his hand up a girl’s skirt, and she eventually told a counselor what Thomas had done.
