Forcible Compulsion

Model Sexual Assault Code
Disclaimer
Acknowledgments
General Definitions
Consent Capacity to Consent Forcible Compulsion Sexual Contact Sexual Penetration Sexually Explicit Conduct
Mens Rea Provisions
Intentionally Knowingly Recklessly Prescribed Culpability Requirement Applies to All Material Elements. Substitutes for Recklessness and Knowledge. Requirement of Purpose Satisfied if Purpose Is Conditional. Requirement of Knowledge Satisfied by Knowledge of High Probability.
Crimes
Sexual Assault Aggravated Sexual Assault Sexual Assault Based on Abuse of Position Sexual Assault Based on Deception Criminal Sexual Conduct with Minors Incest Sexually Explicit Conduct in Public Abusive Sexual Exposure Abusive Sexual Conduct Abusive Sexual Conduct Involving Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Nonconsensual Ingestion of Ejaculate, Vaginal Fluid, or other Bodily Fluid or Substance Abusive Sexual Conduct Involving Animals Sexual Torture Unlawful Child Marriage
Definitions
Visual Depiction Digital Forgery Identifiable Individual Image-Based Nudity Image-Based Sexually Explicit Conduct Promote Transmits or Posts
Crimes
Image-Based Sexual Abuse Voyeurism/Unlawful Surveillance
Voluntary Transmission of the Image(s) to the Actor is No Defense Law Enforcement, Medical Treatment, and Legal Proceedings Defense Reasonable Expectation of Privacy
Mistake of Fact as to Age is Not a Defense Voluntary Intoxication or Drugged Condition is Not a Defense Ignorance of Law is Not a Defense
Human Trafficking Sex Offender Registration and Notification Act (SORNA) Female Genital Mutilation
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Forcible Compulsion

Forcible compulsion includes the use or threatened use of physical force, either express or implied. Physical resistance on the part of a person against whom forcible compulsion is used is not necessary to meet this definition.

Forcible compulsion also includes the use of psychological coercion, either express or implied.

Physical Force

Physical force includes but is not limited to:

  1. the use or threatened use of violence, including death, serious bodily injury, bodily injury, or pain against any person; or  
  2. the use or threatened physical confinement or restriction of a person’s movements; or 
  3. the use of physical size and/or strength over a person to intimidate or physically manipulate another person. 

Psychological Coercion

Psychological coercion includes, but is not limited to:     

  1. causing or threatening psychological, financial, or reputational harm that is sufficiently serious under the circumstances to overwhelm a person’s ability to freely and voluntarily agree to engage in the sexual contact or penetration at issue;
  2. the use or threatened use of violence, including death, serious bodily injury, bodily injury, or pain against an animal; or
  3. the use or threatened commission of any statutory offense against a person; or
  4. the threat to take or withhold action as a public servant or to cause a public servant to take or withhold action.
Capacity to Consent Sexual Contact