State of Washington v. Michael Matthew Phillips, 33208-0

Victim R.N., working as a prostitute, arranged to perform oral sex for Michael Phillips.
After R.N. demanded payment, Phillips produced a realistic-looking B.B. gun and threatened to "put a bullet in [her] head" if she did not comply.
R.N. complied, performing oral sex, submitting to vaginal intercourse, and resuming oral sex; she left after Phillips could not ejaculate and then called police.
Phillips was arrested shortly thereafter; a realistic-looking B.B. gun was found on him.
At trial Phillips testified the sex was consensual and that R.N. fabricated the rape report because she had not been paid; the jury convicted him of first-degree rape.
Phillips appealed, arguing the State produced insufficient evidence of forcible compulsion, an element of first-degree rape under RCW 9A.44.040.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Phillips)	Held
Sufficiency of evidence of forcible compulsion	R.N.'s testimony that Phillips threatened her with a gun and she feared violence showed lack of consent	Phillips argued the sex was consensual and the report was retaliatory; thus State failed to disprove consent beyond a reasonable doubt	Court affirmed: jury could credit R.N.'s testimony; threats with a gun satisfied forcible compulsion and negated consent

State v. Salinas, 119 Wn.2d 192 (explaining view of facts most favorable to the State when reviewing sufficiency)
State v. W.R., 181 Wn.2d 757 (holding that when defendant produces sufficient evidence of consent, State must prove lack of consent beyond a reasonable doubt)
State v. Bright, 129 Wn.2d 257 (threats and fear of violence can establish lack of consent/forcible compulsion)
State v. Thomas, 9 Wn. App. 160 (same: evidence of threats sufficient to show lack of consent)