Forcible Compulsion Law & Legal Definition


Forcible compulsion in relation to sexual offences means to compel by use of physical force or by threat. Forcible compulsion places a person in fear of immediate or future death, or physical injury to one's self or another person or in fear that the person or another person will immediately or in future be kidnapped.

Example of a state statute on Forcible Compulsion

ORS § 163.305 [Title 16, Crimes and Punishments; Chapter 163. Offences against persons; sexual offences]

163.305. Definitions.

As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

(2) "Forcible compulsion" means to compel by:

(a) Physical force; or

(b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.

ORS § 163.375 defines rape in first degree as follows:

Rape in the first degree.

(1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:

(a) The victim is subjected to forcible compulsion by the person;

(b) The victim is under 12 years of age;

(c) The victim is under 16 years of age and is the person's sibling, of the whole or half blood, the person's child or the person's spouse's child; or

(d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) Rape in the first degree is a Class A felony.