United States v. Buckley
United States Court of Appeals for the Eighth Circuit
195 F. 3d 1034 (1999)

- Written by Rich Walter, JD
Facts
The federal government (plaintiff) prosecuted John Buckley (defendant) for aggravated sexual abuse by the use of force and for sexual abuse of a minor. At trial, the 15-year-old victim testified that she had been resting on a bed in the house occupied by her stepsister and Buckley, when Buckley came into her room and raped her. The victim was unable to push Buckley off because of his size. The doctor who examined the victim later that day found lacerations and abrasions consistent with the victim's account. The jury convicted Buckley. Buckley appealed his conviction for aggravated sexual abuse, arguing before the Eighth Circuit Court of Appeals that the government failed to prove that he used force against the victim.
Rule of Law
Issue
Holding and Reasoning (Arnold, J.)
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