State of North Dakota v. Michael Allen Truelove

Summary

The North Dakota Supreme Court affirmed Michael Allen Truelove’s convictions, including gross sexual imposition. The court held that sufficient evidence supported findings of slight penetration and that force used before or during the sexual act compelled the victim to submit under N.D.C.C. § 12.1-20-03(1)(a).

Holdings

1. Sufficient evidence supported a reasonable inference that penetration occurred because the victim testified that Truelove's penis was within her inner labia and against the vaginal opening, and the statute requires only slight penetration.
2. Under N.D.C.C. § 12.1-20-03(1)(a), force that compels a victim to submit must occur before or during the sexual act, not afterward. The evidence was sufficient because Truelove laid on HFP against her will, tore off her clothing, exposed her breasts, grabbed her breasts, and used other physical action before penetration.

Questions Presented

1. Whether sufficient evidence supported the jury's finding that Truelove engaged in a sexual act involving penetration.
2. Whether sufficient evidence supported the finding that Truelove used force before or during the sexual act to compel HFP to submit, as required by N.D.C.C. § 12.1-20-03(1)(a).

Disposition

affirmed