Johnson v. State

I agree that this conviction can be affirmed, but write separately to emphasize that the element of “forcible compulsion” necessary to establish the offense of rape in Arkansas is and has always been more than simply saying “no,” in the case of an adult victim. “Forcible compulsion” must be established by “physical force” or a “threat, express or implied, of death or physical injury to or kidnapping of. . . .” a victim. Ark. Code Ann. § 5-14-101(2) (Supp. 2001). Physical force is defined as “any bodily impact, restraint or confinement, or the threat thereof. . .” Mosley v. State, 323 Ark.…