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Reply #92: not really [View All]

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reorg Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-11 08:35 AM
Response to Reply #85
92. not really
the term "forcible COMPULSION" implies even stronger that the actor breaks the will of the other person. If the accused can reasonably claim he assumed consent, then it simply wasn't "compulsion".

"Forcible compulsion places a person in fear of immediate or future death, or physical injury to one's self or another person or in fear that the person or another person will immediately or in future be kidnapped."

http://definitions.uslegal.com/f/forcible-compulsion/

I cannot detect any indication of a death threat or threat of physical injury in this description of the incident:

"Deponent states that deponent is informed by an individual known to the District Attorney's office that defendant 1) shut the door to the above location and prevented informant from leaving the above location; 2) grabbed informant's breasts without consent; 3) attempted to pull down informant's pantyhose and forcibly grabbed informant's vaginal area; 4) forcibly made contact with his penis and informant's mouth twice; and 5) was able to accomplish the above acts by using actual physical force."
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