## Facts

- Robin Rider, age 27, was the stepfather of the child victim.
- The victim testified that abuse began when she was nine and continued until about age twelve.
- Rider put on pornographic movies while they were alone and “forced” the victim’s hand onto his genital area.
- Rider took the victim to a bedroom, where he touched her genital area and chest while both were undressed.
- The victim testified Rider performed oral contact on her genital area and either “asked” or “made” her perform oral contact on him.
- Rider repeatedly told the victim not to tell anyone because he would “probably go to jail,” and apologized afterward.
- The victim viewed Rider as a father figure and said she tried to “mind” him; she submitted because she feared losing his affection and special treatment, not because she feared physical harm.
- Rider was convicted of first-degree sexual abuse and first-degree sodomy and received consecutive sentences of 4 and 20 years.

## Issues

1. Whether the evidence proved “forcible compulsion,” as required for first-degree sexual abuse and first-degree sodomy, through (a) physical force overcoming earnest resistance or (b) an express or implied threat causing fear of immediate death or serious physical injury.
2. Whether a child’s passive submission based on emotional dependence and fear of losing a parental figure’s affection qualifies as “forcible compulsion” under the statutory definition.

## Decision

- The Alabama Court of Criminal Appeals reversed the convictions and rendered judgment for Rider on the first-degree charges.
- The court held the State failed to prove “forcible compulsion” as defined by statute.
- The court found no evidence of physical force overcoming “earnest resistance.”
- The court found no express or implied threat placing the victim in fear of immediate death or serious physical injury.
- The court noted the conduct could have supported lesser offenses not requiring forcible compulsion, but those were not the charges tried.

## Legal Principles

- “Forcible compulsion” requires either (1) physical force overcoming “earnest resistance,” or (2) an express or implied threat that places a person in fear of immediate death or serious physical injury to the person or another.
- Evidence that a victim submitted without showing “earnest resistance” is insufficient to establish the physical-force prong, even if the defendant initiated contact by directing or moving the victim.
- Emotional dependency, desire to please a parental figure, or fear of losing affection does not satisfy the threat prong absent evidence of fear of immediate death or serious physical injury.
- Appellate insufficiency as to a required element warrants reversal and rendition of an acquittal on the charged offenses.

## Conclusion

Because the State proved neither physical force overcoming earnest resistance nor a qualifying threat of immediate serious harm, the evidence did not establish “forcible compulsion,” requiring reversal of Rider’s first-degree sexual abuse and first-degree sodomy convictions and rendition of judgment in his favor on those charges.


Rider v. State, 544 So. 2d 994 (Ala. Crim. App. 1989)