What is the evidence supporting the argument that force is required to sustain a conviction for sexual assault under section 289 of the Penal Code?

California, United States of America

The following excerpt is from People v. White, 179 Cal.App.3d 193, 224 Cal.Rptr. 467 (Cal. App. 1986):

People v. Kusumoto, supra, 169 Cal.App.3d 487, 215 Cal.Rptr. 347, cited by appellant, likewise fails to support his position in this case. In Kusumoto, the defendant had on two occasions inserted his finger into the vagina of the 13-year-old victim while she was asleep, but no force was used except that required to perpetrate the act, and no physical harm resulted. In concluding that the "force" required to sustain a conviction under Penal Code section 289, subdivision (a), was not shown by the evidence, the court stated:

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