What is the test for a jury to acquit a defendant on a charge of forcible lewd act?

The jury's acquittal of the count alleging he committed a forcible lewd act does not reflect the jury rejected Doe's testimony. A forcible lewd act under section 288, subdivision (b)(1), requires the force used to "`be substantially different from or substantially greater than the force needed to accomplish the act itself.'" (People v. Cicero (1984) 157 Cal.App.3d 465, 473-474.) Here, defendant did not strike or otherwise assault Doe. The jury may have reasonably determined he used only the force necessary to accomplish the lewd acts described by Doe. Similarly, the jury's inability to decide whether defendant committed aggravated sexual assault ( 269) is explained by Doe's testimony defendant "`kind of did touch a little bit between [her] legs, but didn't go in.'" The court instructed penetration, however slight, was required. Although Doe's testimony may have left reasonable doubt whether defendant used force, substantial evidence supports the jury's verdict defendant committed a lascivious act with a lewd intent in violation of section 288, subdivision (a).