State v. Marshall
253 P.3d 1017
| Or. | 2011Background
- Marshall was charged with two counts of first-degree sexual abuse under ORS 163.427 based on two acts of sexual contact with a 14-year-old victim, alleged to be by forcible compulsion.
- Facts show the victim awoke to Marshall partially on top of her, tried to push him away, and he allegedly forced her hand to touch his erect penis and later touched her buttocks.
- Victim reported the incident; Marshall moved for judgments of acquittal on both counts; circuit court denied; jury convicted on both counts.
- Court of Appeals en banc affirmed, adopting a broad view of forcible compulsion as any physical force surrounding the sexual contacts.
- State petitioned for review; Oregon Supreme Court held forcible compulsion must have a causal connection to the specific sexual contact and that the degree of physical force matters.
- Remanded to the circuit court to reconsider the sufficiency of evidence for the second charge in light of the causal-connection requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must forcible compulsion cause the sexual contact? | State argued forcible compulsion need not causally relate to each contact; it may accompany the contact. | Marshall argued forcible compulsion must cause or result in the specific sexual contact. | Caudal: there must be a causal link between forcible compulsion and the respective sexual contact. |
| Must forcible compulsion be more than the force inherent in sexual contact? | State contended any degree of physical force accompanying the contact suffices. | Marshall argued force must be greater than the minimal force inherent in sexual touching but need not be violence. | Force must be greater in degree or different in kind from minimal contact, but need not be violent; degree of force depends on the circumstances. |
Key Cases Cited
- State v. Hall, 327 Or. 568 (1998) (standard for reviewing denial of judgment of acquittal)
- PGE v. Bureau of Labor and Industries, 317 Or. 606 (1993) (statutory interpretation framework (text, context, history))
- Gaines, 346 Or. 160 (2009) (interpretive framework for statutory analysis as modified)