State v. Aboda

[¶ 1] Police Aboda appeals from a judgment of conviction of gross sexual assault (Class A), 17-A M.R.S. § 253(1)(A) (2009), entered on the Unified Criminal Docket (Cumberland County, MG Kennedy, J.) after a jury trial. The State offered evidence that Aboda, with another man, forced a woman to submit to sex with Aboda as a result of compulsion. Aboda argues that the law’s definition of “compulsion” is internally inconsistent and unconstitutionally vague because the statute allows for a finding of compulsion when the alleged victim is “unable to physically repel the actor,” see 17-A M.R.S. §…