Eugene Gordon v. State Alaska

The rape occurred on the evening of September 22, 1970. The victim, a young recently divorced woman who lived alone, was awakened at about 10:00 p.m. to find a man sitting on her bed. Though the apartment in which she lived was in almost total darkness, the victim identified Gordon as her assailant by his voice. When the victim awakened, her assailant covered her nose and mouth to quiet her. He then held her down by the shoulders and attempted intercourse. At one point, the victim kicked her assailant, throwing him forward so that he had to stop himself by thrusting his palms against the wall at the head of the bed. Her resistance and her crying caused her assailant to threaten either to smother her or to break her jaw if she did not quietly submit. Finally, the victims struggles and attempts to escape were overcome and the rape occurred.