United States v. Ronnie Fire Cloud, 2015 U.S. App. LEXIS 3948

Defendant Ronnie Fire Cloud, an Indian living on reservation land, was indicted on Count I: aggravated sexual abuse by force (18 U.S.C. § 2241(a)) and Count II: attempted aggravated sexual abuse.
The alleged victim, who had been drinking and was in Fire Cloud’s home, locked herself in a bathroom to shower while Fire Cloud’s friend left to get food.
Fire Cloud entered the locked bathroom nude, approached the victim from behind, rubbed his penis against her buttocks, put one hand between her legs, and attempted to reach her breast with the other hand.
The victim blocked his hand, yanked away, pushed him, and yelled; Fire Cloud reapproached, tried to kiss her neck, and the victim shoved him again and fled.
Jury convicted Fire Cloud of the lesser-included offense of abusive sexual contact as to Count I and guilty of attempted aggravated sexual abuse as to Count II. Fire Cloud appealed only the sufficiency of the evidence for the "force" element.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supported the element of "force" for abusive sexual contact (Count I) and attempted aggravated sexual abuse (Count II)	Government: testimony shows defendant restrained/forced contact — sufficient for force.	Fire Cloud: no restraint or injury; victim escaped, so no force.	The court held evidence was sufficient; jury could infer restraint/force despite victim escaping.

United States v. Ali, 616 F.3d 745 (8th Cir. 2010) (standard for reviewing sufficiency of evidence — view evidence in light most favorable to verdict)
United States v. Tarnow, 705 F.3d 809 (8th Cir. 2013) (describes elements of aggravated sexual abuse)
United States v. Allery, 139 F.3d 609 (8th Cir. 1998) (escape by victim does not preclude finding of force)
United States v. Eagle, 133 F.3d 608 (8th Cir. 1998) (force satisfied when defendant overcomes, restrains, or injures the victim)