Legal Opinion

West v. State

Supreme Court of Arkansas

Decided November 17, 1986No. CR 86-147Published

1ConcurrenceDavid Newbern, Justice

Oían West has been convicted of first degree sexual abuse and sentenced to imprisonment for six years and a $5,000 fine for putting his arms around the fifteen-year-old prosecutrix and touching her breast. I do not find this conduct to be that defined in the statute describing the crime. In my opinion there was not the sort of “forcible compulsion” the Arkansas General Assembly condemned in Ark. Stat. Ann. § 41-1808(l)(a) (Repl. 1977) by providing: “A person commits sexual abuse in the first degree if ... he engages in sexual contact with another person by forcible compulsion. . . .”

The…

Also in this document: Per curiam.

2Cases cited8 opinions

  1. Commonwealth v. RhodesSupreme Court of Pennsylvania · 1986
  2. Commonwealth v. PerrinSupreme Court of Pennsylvania · 1979
  3. Commonwealth v. MlinarichSupreme Court of Pennsylvania · 1985
  4. Salsman v. CommonwealthCourt of Appeals of Kentucky · 1978
  5. Muhammed v. Arkansas Supreme Court Committee on Professional ConductSupreme Court of Arkansas · 1987

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