United States v. Buckley
United States Court of Appeals for the Eighth Circuit
195 F.3d 1034 (1999)
Relevant factsFree
A 15-year-old victim testified that John Buckley (defendant) raped her while she rested in a bedroom in the house he shared with her stepsister, and that she was unable to push him off due to his size; a doctor who examined her the same day found lacerations and abrasions consistent with her account. The jury convicted Buckley of aggravated sexual abuse, and he appealed, arguing the government failed to prove he used force against the victim.
IssueFree
Whether a victim's testimony that a defendant's overpowering physical size prevented her escape, corroborated by medical evidence of consistent injuries, sufficiently establishes the force element of aggravated sexual abuse.