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a rape conviction requires the victim's lack of consent that element is easy to meet if the defendant used violence or threats of violence to make the victim comply but what if the defendant used non-physical coercion tactics is that still rape the answer usually depends on statutory language as it did in the 1990 case of State versus Thompson in late 1986 and early 1987 Gerald Thompson a high school principal threatened a student that he would prevent her from graduating unless she gave him oral sex the student complied with Thompson's demands but reported the incidents after she graduated in June of 1987. the state of Montana then charged Thompson with two counts of rape Thompson moved for dismissal arguing that the state failed to show that he used force or the type of threats required under Montana's rape statute the trial court agreed with Thompson and dismissed the charges the state appealed to the Montana Supreme Court

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