Yes, there are instances where a fully competent individual can be raped even though there was no force. Penetration is accomplished through coercion, there is no voluntary consent thereby giving rise to sex assault. In order for penetration to be procured through coercion, the defendant must have intended to coerce the victim to commit an act of sexual penetration by threatening any of the following: (1) inflict bodily injury on anyone or commit any other offense; (2) accuse anyone of an offense; (3) expose any secret which would tend to subject any person to hatred, contempt, or ridicule, or to impair his or her credit or business reputation; (4) take or withhold action as an official, or cause an official to take or withhold action;(5) testify or provide information or withhold testimony or information related to another’s legal claim or defense; or (6) perform any other act which would not in itself substantially benefit the defendant but which is calculated to substantially harm another person related to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships.
Home Can Someone Commit Aggravated Sexual Assault By Coercion?
