What is the test for a sexual assault conviction under section 288 of Section 288 of the California Code of Criminal Code when a defendant pulls the victim's head forward to perform oral sex acts?

California, United States of America


The following excerpt is from People v. Villalta, D070684 (Cal. App. 2016):

up constituted force greater than or different from that necessary to accomplish the lewd acts]; People v. Mendibles (1988) 199 Cal.App.3d 1277, 1307 [victim's testimony that she tried to get away from the defendant but he pulled her back, and other victim's testimony that defendant pulled her head forward to perform an act of oral copulation was "unequivocal evidence of the application of physical force" for purposes of section 288, subdivision (b) conviction].)

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