This section contains the nature of the case and procedural background.

Walden (D) was horsing around with two acquaintances, Chad Pierce and the victim, R.I. (V). They were drinking beer when at some point in time, D and V began skirmishing with D pushing V down the hill several times and placing him in a headlock. Eventually when D had V in a headlock D informed V that if he wanted to get away, he would have to suck D's penis. V refused, but D persuaded V by increasing the pressure of the headlock. V gave in and sucked the penis for about 20 seconds. V then escaped and ran away. D was arrested. The trial judge rejected D's request for an instruction of fourth-degree assault and D was found guilty of second-degree rape by forcible compulsion. D appealed.

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