Willamette Law Online  Oregon Court of Appeals   State v. Magel
Summarized by:   Date Filed: 12-07-2011 Case #: A141155 Ortega,
P. J. for the Court; Brewer, C.J.; & Sercombe, J. Full Text
Opinion: http://www.publications.ojd.state.or.us/A141155.pdf
Criminal Law: To establish first-degree rape by threat of
forcible compulsion, the threat must be an express communication
of the intent to harm the other person. Additionally, the
surrounding circumstances to establish forcible compulsion by
threat varies according to the respective parties’ ages and
prior history.  The trial court convicted defendant of first-
degree rape, second-degree rape, and first-degree sexual abuse.
Defendant appealed his sentence because the trial court
improperly denied his motion for judgment of acquittal. At issue
on appeal was whether defendant’s conduct at the time of the
alleged rape constituted “forcible compulsion,” as required by
ORS 163.305(2). In this case, ORS 163.305(2) includes the threat
of forcible compulsion. Thus, the C