How have courts interpreted the phrase "forcible compulsion" in the context of sexual assault cases?

"New York", United States of America

The following excerpt is from People v. Sadler, 2004 NY Slip Op 51020(U) (NY 9/13/2004), 2004 NY Slip Op 51020(U) (N.Y. 2004):

Defendant's actions of grabbing the victim's arm and of pushing her head down towards his penis are sufficient to permit the jury to conclude that the defendant used "forcible compulsion" to compel the victim to perform the sodomy. This is so even though the victim did not immediately cry out or suffer any actual physical injury. See, for example, People v. Smith, 302 AD2d 677, 756 NYS2d 290 (3rd Dept. 2003.)

The case law interpreting "forcible compulsion" holds that "the fact that the complainant did not suffer any physical injury as a result of the sexual attack does not render the verdict against the weight of the evidence." People v. Williams, 259 AD2d 509, 687 NYS2d 167 (2nd Dept. 1999) citing People v. Hodges, 204 AD2d 739, 612 NYS2d 420 (2nd Dept. 1994.) The cases

Page 3

Other Questions


In a sexual assault case, how have the jury instructions been interpreted in the context of sexual assault cases? (MultiRegion, United States of America)
How has the federal district court applied the guidelines on sexual assault in the context of the sexual assault case? (MultiRegion, United States of America)
How have the Courts in Nova Scotia dealt with allegations of sexual assault, sexual assault and sexual assault against a group of alleged victims? ("New York", United States of America)
How have courts treated sexual assault allegations against state officials in the context of sexual assault cases? (MultiRegion, United States of America)
How have courts interpreted the "Blockburger test" in the context of sexual assault cases? (MultiRegion, United States of America)
How have courts in Nova Scotia dealt with allegations of sexual assault in a sexual assault case? ("New York", United States of America)
How have the courts treated evidence of sexual assault in a sexual assault case? (MultiRegion, United States of America)
How have courts interpreted the phrase "sufficiently substantial to call for leniency" in a sexual assault case? (MultiRegion, United States of America)
How have courts interpreted section 164.395 of the Criminal Code in the context of sexual assault cases? (MultiRegion, United States of America)
What is the test for setting aside a conviction for sexual assault in a sexual assault case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.