Salsman v. Commonwealth

PARK, Judge.

The appellant, David S. Salsman, was indicted for rape in the first degree (KRS 510.040). Following a jury trial, Salsman was convicted of sexual abuse in the first degree (KRS 510.110). He appeals from the judgment of the Clark Circuit Court imposing a sentence of five years imprisonment.

On this appeal, Salsman raises two issues: (1) that he was entitled to a directed verdict of acquittal because of the Commonwealth’s failure to prove “forcible compulsion,” and(2) that the trial court erred in submitting an instruction to the jury on sexual abuse in the first degree.

I

The…