People v. Makela

In People v. Makela, 147 Mich App 674; 383 NW2d 270 (1985), the defendant offered the victim a ride home and stopped at his motel en route. She sat on the bed and he joined her. He then "put his arm around her waist and pulled her down onto the bed. While on top of her, defendant removed her blue jeans and panties. The complainant initially testified that she was too scared to say anything. She later testified that, as defendant was removing her pants, she told him that she did not want to do anything." He nevertheless removed his own clothes and had intercourse with her. Id. at 677-678. The Court held that the prosecutor presented sufficient evidence of "force or coercion" to support the defendant's bindover on CSC III because the defendant "held the victim down and was on top of her when he undressed her." Moreover, the defendant was older than the victim, she was afraid to resist him because he was stronger than she was, and "she told defendant she did not want 'to do it' and cried during the incident." Id. at 682.