B.E. v. State

I respectfully disagree with the majority’s conclusion that the state presented sufficient evidence of the required element of “forcible compulsion” to sustain B.E.’s adjudication of delinquency for the charges of sexual abuse in the first degree and sodomy.

Section 13A-6-60(8), Ala.Code 1975, defines forcible compulsion as the “physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.” (Emphasis added.)

The Alabama Supreme Court in Powe v. State, 597 So.2d 721…