Oregon Supreme Court· 4/14/2011

State v. Marshall

Citations

253 P.3d 1017
350 Or. 208
2011 Ore. LEXIS 352

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that the first-degree sexual abuse statute requires a causal connection between “forcible compulsion” and sexual contact
explaining that in determining the meaning of “physical force” in the sexual abuse statute, “ ‘physical’ force is simply bodily or material (as opposed to mental or moral) force”
identifying as relevant considerations such things as the victim's age; differences between defendant and victim in age, size, and strength; and the specific relationship between defendant and victim
construing “forcible compul- sion” element of first-degree sexual abuse—when commit- ted through physical force—to require force “greater than or qualitatively different from the simple movement and con- tact that is inherent in the action of touching an intimate part of another”
describing the legis- lative history of the 1999 amendment, including that it was “promoted by a group of rape victim advocates and district attorneys, who argued that the requirement of proving earnest resistance was unfair to, and actually could endanger, victims of sexual assault”
what must be compelled is the victim’s submission to or engagement in the sexual contact

Source: CourtListener parenthetical corpus (CC0).

Judges: De Muniz, Durham, Balmer, Kistler, Walters, Linder

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Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

4 cases in this archive are cited by this case.

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