{
  "id": 1748241,
  "name": "Bobby CANARD v. STATE of Arkansas",
  "name_abbreviation": "Canard v. State",
  "decision_date": "1983-02-14",
  "docket_number": "CR 82-135",
  "first_page": "372",
  "last_page": "374",
  "citations": [
    {
      "type": "official",
      "cite": "278 Ark. 372"
    },
    {
      "type": "parallel",
      "cite": "646 S.W.2d 3"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "255 Ark. 258",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8719615
      ],
      "weight": 2,
      "year": 1973,
      "opinion_index": 0,
      "case_paths": [
        "/ark/255/0258-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T21:48:23.352095+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Bobby CANARD v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Richard B. Adkisson, Chief Justice.\nAppellant, Bobby Canard, was convicted by a jury of rape and was sentenced to forty years in the Arkansas Department of Correction. The only issue on appeal is whether there is sufficient evidence to sustain the conviction. We affirm.\nTestimony at trial revealed that on December 12, 1980, appellant picked up his daughter at the home of his ex-wife and took her to Wal-Mart, where he purchased some boots for her. They ate supper at the Sonic Drive-In. Afterwards, while driving towards Grubbs, Arkansas, he turned off onto a gravel road and raped her. The daughter, who was eleven years old at the time, testified that her father stopped on the gravel road, telling her he had to let his headlights warm up. She stated that he then \u201cunzipped my pants and took my leg out... He unzipped his pants and took his penis out and put it into me and started raping me.\u201d She testified that she told him that she \u201cdidn\u2019t want to, but he did anyway.\u201d\nAppellant contends that there is no showing of forcible compulsion and alleges that deviate sexual activity could have occurred rather than rape because the testimony is unclear as to exactly what body orifice of the daughter was penetrated. He also argues that there was no showing that appellant was the man who raped her. These contentions are without merit.\nForcible compulsion is defined in Ark. Stat. Ann. \u00a7. 41-1801 (2) (Repl. 1977): \u201c\u2018Forcible compulsion\u2019 means, physical force, or a threat, express or implied, of death or physical injury to or kidnapping of any person.\u201d In Spencer v. State, 255 Ark. 258,499 S.W.2d 856 (1973) we stated that the quantum of force need not be considered as long as the act is committed against the will of the victim. Here, the daughter testified that she \u201cdidn\u2019t want to, but he did anyway,\u201d and that she was very much afraid of appellant. She also used the word \u201crape,\u201d which, in the context of her testimony, not only denotes sexual intercourse but also that it was done against her will. This fact, when considered with the age of the victim and the fact that appellant is her father, leads us to conclude there was sufficient evidence from which the jury could conclude that forcible compulsion was present and that rape rather than deviate sexual activity occurred.\nFurthermore, there was sufficient evidence for the jury to find that appellant was the man who raped her. It is undisputed that appellant is her father, and she clearly testified that it was her \u201cdaddy\u201d who picked her up at her house and later raped her. We find no error.\nAffirmed.",
        "type": "majority",
        "author": "Richard B. Adkisson, Chief Justice."
      }
    ],
    "attorneys": [
      "Thaxton \u00e9 Hout, for appellant.",
      "Steve Clark, Atty. Gen., by: Alice Ann Burns, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Bobby CANARD v. STATE of Arkansas\nCR 82-135\n646 S.W.2d 3\nSupreme Court of Arkansas\nOpinion delivered February 14, 1983\n[Rehearing denied March 21, 1983.]\nThaxton \u00e9 Hout, for appellant.\nSteve Clark, Atty. Gen., by: Alice Ann Burns, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0372-01",
  "first_page_order": 396,
  "last_page_order": 398
}