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United States v. Denjen

United States District Court for the Eastern District of New York

258 F.Supp.2d 194 (2003)

Relevant factsFree

Randy Denjen (defendant), a police lieutenant overseeing guards at a penal facility, pleaded guilty to compelling a female federal prisoner held in solitary confinement to engage in sexual contact by force or threat. Denjen was almost a foot taller and 179 pounds heavier than the woman and admitted placing her in fear that he would lengthen her confinement if she refused him. At sentencing, the woman testified she did not resist because his aggressive behavior and size made her fear he might kill her, and because she believed screaming for help was futile given his authority over the guards; Denjen argued he never physically restrained her, left her cell unlocked, and noted she had once assaulted a larger woman.

IssueFree

Whether proof that the defendant used or threatened nonviolent physical force against the victim satisfies the force element of compelling a federal prisoner to engage in sexual contact.

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