What is the definition of force for the crime of forcible oral copulation?

California, United States of America


The following excerpt is from People v. G.K. (In re G.K.), A156064 (Cal. App. 2020):

(People v. Griffin (2004) 33 Cal.4th 1015, 1027; see id. at p. 1023 [rejecting a definition of force that was " 'substantially different from or substantially greater than' the physical force normally inherent in an act of consensual sexual intercourse"]; see also People v. Guido (2005) 125 Cal.App.4th 566, 576 ["As with forcible rape, the gravamen of the crime of forcible oral copulation is a sexual act accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. As with forcible rape, it is only when one participant in the act uses force to commit the act against the other person's will that an otherwise lawful act becomes unlawful"].)

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