Does the victim's testimony that the first few times she "pulled" her hand towards her penis towards his penis and "guided her hand to show her what to do" constitute substantial evidence of the force component of an aggravated lewd act?

California, United States of America


The following excerpt is from People v. Crowe, A151344 (Cal. App. 2019):

2. The victim's testimony that the "first few times" defendant "pull[ed]" her hand towards his penis and "guided" her hand to show her what to do, likely constitutes substantial evidence of the force component of an aggravated lewd act. (See People v. Pitmon (1985) 170 Cal.App.3d 38, 48, disapproved on other grounds in People v. Soto (2011) 51 Cal.4th 229, 248, fn. 12 ["There can be little doubt that defendant's manipulation of [the victim's] hand as a tool to rub his genitals was a use of physical force beyond that necessary to accomplish the lewd act."]; Soto, supra, 51 Cal.4th at p. 242 [The force required to support aggravated lewd acts under section 288, subdivision (b)(1), is force " 'substantially different from or substantially greater than that necessary to accomplish the lewd act itself.' "].)

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