State v. Thompson792 P.2d 1103 (Mont. 1990)Fact:Procedural Facts: Trial court in Montana. Court of AppealsOperative Facts:Gerald Roy Thompson, a high school teacher from Hobson, was accused of 2 counts of sexual intercourse without consent (both felonies) and one count sexual assault (a felony). Only the 2 counts of sexual intercourse is under appeal. During 2 separate time frames, had sexual intercourse without consent with a person of the opposite sex, threatening her that she would not graduate from high school and forced to engage in an act of oral sexual intercourse. The threat caused great psychological pain and fear to “Jane Doe,” and the threat kept her under silence until she graduated from high school.Thompson filed a motion to dismiss the counts I & II because of lack of probable cause that the state failed to meet the element of “without consent.”Sexual intercourse without consent (Montana Code):“A person who knowingly has sexual intercourse without consent with a person of the opposite
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Sexual intercourse, Human sexual behavior, Gerald Roy Thompson