State v. Marshall

In this criminal case, defendant challenges the denial of his motion for judgments of acquittal on two charges of first-degree sexual abuse, ORS 163.427. He argues, with respect to both charges, that the state’s evidence was insufficient to support a finding that he subjected the victim to “forcible compulsion” within the meaning of that statute. We conclude that the evidence of forcible compulsion was sufficient to prove one of the charges but insufficient to prove the other. Because the Court of Appeals held that there was sufficient evidence to prove both charges, we reverse that court’s…