Moss v. State

James A. Moss was convicted for the first degree rape of his 13-year-old daughter and was sentenced to life imprisonment. On this appeal from that conviction, Moss contends that the trial judge erred in allowing the examining physician to testify that the victim had had recent sexual intercourse which "appeared to be forced." Moss argues that this opinion invaded the province of the jury.

The examining physician, after being properly qualified, was properly allowed to testify that, in his opinion, the victim "had had recent intercourse that had been somewhat forceful."

"Forcible compulsion" is…