Rape by Nonphysical Coercion: State v. Brooks

What is and is not considered rape is far from clear. For instance, which of these threats, if any, are criminal under rape law? “If you don’t have sex with me, I’m going to file for divorce, get custody of the kids, and you will never see them again.” “If you don’t have sex with me, I’m going to report you to immigration.” “If you don’t have sex with me, I’m going to break up with you.” Currently, none of these threats would be captured under rape laws in many jurisdictions in the United States. 1 However, based on the Kansas Supreme Court’s interpretation of section 21-5503 of the Kansas Criminal Code in State v. Brooks, a defendant could be guilty of rape if the victim was “overcome by fear” due to any of these threats. 2