State v. Digesti

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 12-10-2014
• Case #: A152522
• Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, J.

Under ORS 163.305(2), which defines forcible compulsion necessary for first-degree sexual assault, the compulsive physical force exhibited against the victim need not be applied directly to the physical body but need only be sufficient to compel the victim to submit to the sexual conduct.

Defendant appeals his conviction. Defendant Digesti sexually assaulted S. in a bathroom while he wedged his foot under the bathroom door to prevent her escape. He was charged with two counts of first-degree sexual assault. Defendant assigns error, arguing that physical compulsion must be against the physical person of the victim and not against an inanimate object. The Court affirmed, holding that the compulsive physical force requirement was satisfied if the physical force was sufficient to compel the victim to submit to the sexual conduct. Affirmed.

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