Commonwealth v. Mlinarich

SPAETH, President Judge,

dissenting:

A majority of the court today holds that the term “forcible compulsion” contained in the Crimes Code definitions of rape and involuntary deviate sexual intercourse, 18 Pa.C.S. §§ 3121, 3123, means “physical compulsion or violence.” Proceeding from the same legislative history that the majority has analyzed, I am led to quite a different conclusion: By the term “physical compulsion” the General Assembly meant “compulsion by physical, moral, or intellectual means or by the exigencies of the circumstances.” That we begin at the same point and end so far apart…