State v. Tilly

To establish the forcible compulsion element of first-degree sexual abuse, the State must prove the nexus between the forcible compulsion and the predicate sexual act.

Defendant appealed the denial of his motion for judgment of acquittal (MJA). Defendant sexually assaulted a resident (A) of the adult foster care facility where he worked. Defendant was charged with first-degree rape (Count 2), first-degree sodomy (Count 4), and first-degree sexual abuse (Counts 7 and 8 merged, and Counts 9 and 10 merged). Defendant moved for MJA on Counts 2 and 4 based on insufficiency of evidence of A’s incapacity to consent, and on Counts 7 and 9 based on insufficiency of evidence of forcible compulsion. The trial court denied defendant’s MJA, and found defendant not guilty of Counts 1, 3, 5, and 8, and guilty of Counts 2, 4, 7, and 9. Defendant appealed, as he did at trial, based on insufficiency of evidence. As to Counts 2 and 4, the Court of Appeals held that based on the evidence, A was incapable of consenting because A’s condition fits “mental defect” as defined by the statute as “prevent[ing] a person from appraising the nature of one’s own conduct,” As to counts 7 and 9, the Court of Appeals found that the State failed to establish a nexus between forcible compulsion and the predicate sexual acts. Reversed as to Counts 7 and 9, remanded for resentencing, otherwise affirmed.