State v. Tuitasi

Pearson, J. *

The sole issue in this case is whether Danny Tuitasi's threat to take his own child, in order to coerce his estranged wife into engaging in sexual intercourse, constitutes a threat of kidnapping within the meaning of RCW 9A.44.010(5) (defining forcible compulsion). We hold such a threat constitutes a threat of kidnapping within the contemplation of this section. We therefore affirm the defendant's conviction for second degree rape.

Danny and Michelle Tuitasi were married in October 1981. Their daughter, Jenny, was born in April 1982. The Tuitasis separated on July 27, 1982, and…