State v. Walden

841 P.2d 81 (1992)

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Nature of the Case

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Facts

Walden (D) was horsing around with two acquaintances, Chad Pierce and the victim, R.I. (V). They were drinking beer when at some point in time, D and V began skirmishing with D pushing V down the hill several times and placing him in a headlock. Eventually when D had V in a headlock D informed V that if he wanted to get away, he would have to suck D's penis. V refused, but D persuaded V by increasing the pressure of the headlock. V gave in and sucked the penis for about 20 seconds. V then escaped and ran away. D was arrested. The trial judge rejected D's request for an instruction of fourth-degree assault and D was found guilty of second-degree rape by forcible compulsion. D appealed.