In State v. Collins, 270 Ga. 42 (508 SE2d 390) (1998), the Supreme Court of Georgia reiterated that the terms "forcibly" and "against her will" are two separate elements of proving rape.
The term "against her will" means without consent; the term "forcibly" means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation.
The state must prove the element of force as a factual matter in forcible rape cases rather than presuming force as a matter of law based on the victim's age.
However, the quantum of evidence to prove force against a child is minimal, since physical force is not required.
Intimidation may substitute for force.
Further, force may be proved by direct or circumstantial evidence.
Lack of resistance, induced by fear, is force, and may be shown by the prosecutrix's state of mind from her prior experience with appellant and subjective apprehension of danger from him.