Forcible Compulsion Research Paper

Pennsylvania is currently among the few jurisdictions in which forcible compulsion is no longer required for conviction of the significantly less-severe charge of indecent assault. But in all jurisdictions, force or forcible compulsion remains a necessary condition for rape (or the most serious kinds of sexual assault) and, with the exception of cases where certain special circumstances are present (e.g., if the victim is mentally incompetent, unconscious, or underage). [1] There are no clear statutory provisions for serious criminal charges when forcible compulsion is absent. As long as the victim is a conscious, mentally capable adult, the courts usually read the language of the law to mean that rape occurs when and only when the attacker employs physical force to overcome the will of a nonconsenting victim. [2] Thus rape occurs when there is physical force and no consent, but not no consent alone, even if clearly expressed. Rape, as several justices in several cases remind us, is a crime of physical violence. …show more content…
By holding and straddling his victim, Berkowitz made it clear that he planned to penetrate her despite her clear and repeated expressions of no consent. [3] He thereby intimidated her into a state of “depersonalization,” in which she said it felt as if she were in a dream. Berkowitz is an easy case for the No and Yes Replicas. Under the No Ideal, Berkowitz is guilty of sexual expropriation because the victim repeatedly said “no.” Under the Yes Ideal, Berkowitz is guilty of sexual abuse because he penetrated the victim when he knew he did not have her consent.