State v. Thompson
Montana Supreme Court
792 P.2d 1103 (1990)
- Written by Angela Patrick, JD
Facts
Gerald Thompson (defendant) was a high-school principal. On more than one occasion, Thompson threatened a female student that she would not graduate unless she gave him oral sex. Fearful of the threat, the student complied with Thompson’s demands. After the student had graduated successfully, she reported the incidents. The State of Montana charged Thompson with sexual assault. Thompson moved to dismiss the charges. Thompson argued that Montana’s sexual-assault statute made it a crime to compel someone to have sex only if the defendant had coerced the victim using either physical force or the threat of death, bodily injury, or kidnapping. Thompson contended that even if the allegations were true, he had not used physical force or any of the three listed types of threats to coerce the student into sex and, therefore, was not guilty of the crime of sexual assault. The trial court agreed with Thompson and dismissed the charges. The state appealed to the Montana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Sheehy, J.)
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