CASE LAW UPDATE: Whether the evidence was sufficient to support defendant’s convictions of 1st degree criminal sexual conduct?
On appeal, defendant argued that the evidence was insufficient to support his convictions of (1) 1st degree criminal sexual conduct on the grounds that defendant used force or coercion to accomplish the penetration; and (2) 1st degree criminal sexual conduct on the grounds that the victim was physically helpless. The Minnesota Court of Appeals held that because the infliction of bodily harm is itself force as defined by the statute, the jury was not required to find that infliction of bodily harm caused the victim to submit to penetration, thus affirming the force based conviction. However, the Minnesota Court of Appeals held that the physically helpless conviction had to be vacated on the grounds that the trial court erroneously adjudicated multiple convictions on the basis of the same act or course of conduct.
State v. Bingham, A20-0318, Olmsted County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.