COM. v. SMOLKO


446 Pa.Super. 156 (1995)

666 A.2d 672

COMMONWEALTH of Pennsylvania, v. Kenneth S. SMOLKO, Appellant.

Superior Court of Pennsylvania.

Filed October 10, 1995.


Attorney(s) appearing for the Case

Laura Dunhoff, Pittsburgh, for appellant.

Christian A. Fisanick, Assistant District Attorney, Barnsboro, for Commonwealth, appellee.

Before POPOVICH, FORD ELLIOTT, and BROSKY, JJ.


FORD ELLIOTT, Judge:

In this appeal from the judgment of sentence entered in the Court of Common Pleas of Cambria County on August 16, 1994, we are asked to decide, inter alia, whether a physical deficiency that prevents a person from defending himself against unwanted sexual encounters can be the basis for a finding of forcible compulsion beyond a reasonable doubt. We hold that it can.

The facts...

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