| Court: | PA Supreme Court |
| Facts: | Somewhat drunken acquaintance rape in a college dorm room. Victim does not resist. There's no violence or restraint per se, but the testimony is ambiguous as to whether a threat was implied. |
| Posture: | Apparently appealed a reversal by the superior court. |
| Issue: | What degree of force is necessary to fulfill the element of "forcible compulsion" in the definition of rape used by PA statute? |
| Holding: | There's no evidence of forcible compulsion here. The superior court did not err in reversing the conviction. |
| Rule: | The plain language of the statute requires "forcible compulsion." |
| Reasoning: | The language indicates something more than lack of consent, and the evidence here doesn't support that. The fource necessary need only be such as to establish lack of consent and to induce submission without further resistance. |
| Dicta: | |