The court properly assessed defendant 10 points under the risk factor for forcible compulsion. Defendant, taking advantage of a crowded subway car, pressed up against a trapped victim, moved his penis against her buttocks, breathed heavily and made loud noises over the course of several minutes, in a manner that caused her to be aware that she was being sexually assaulted and too scared to say anything. Although there was insufficient evidence of forcible compulsion by physical...
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