State v. Britt

HEDRICK, Chief Judge.

Defendant first assigns as error the trial court’s denial of his motion to dismiss the charges. Defendant contends that the evidence was insufficient to show that he used force to commit the sexual offense. We disagree.

A person who engages in a sexual act with another person “[b]y force and against the will of the other person,” is guilty of a second degree sexual offense. G.S. 14-27.5. Under our sexual offense statutes, actual physical force is not required to satisfy the statutory requirement that the act be committed by force and against the will of the victim; fear of…