Is there sufficient evidence to find that the sexual assault charges in counts 1, 6 and 7 were forcible?

California, United States of America


The following excerpt is from People v. Angeles, B293739 (Cal. App. 2020):

Angeles concedes that, in committing the acts charged in counts 1, 6, and 7, he "used some slight degree of force beyond that which was absolutely necessary for and/or inherent in the unlawful touching itself." Citing People v. Schulz (1992) 2 Cal.App.4th 999 (Schulz) and People v. Senior (1992) 3 Cal.App.4th 765 (Senior), Angeles contends, however, that "there was insufficient evidence that counts 1, 6, or 7 were forcible because [he] did not use force 'substantially different or substantially greater than that necessary to accomplish the lewd act itself.'" His reliance on these cases is misplaced.

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