## Facts

- The United States prosecuted John D. Buckley in the District of South Dakota for aggravated sexual abuse by use of force, in violation of 18 U.S.C. § 2241(a)(1), and for sexual abuse of a minor.
- The victim was 15 years old and was socially acquainted with Buckley, who was the boyfriend of the victim’s stepsister.
- The victim testified that she was resting on a bed in the home occupied by Buckley and her stepsister when Buckley came into the room and initiated sexual intercourse.
- According to the victim, Buckley turned her toward him, removed her clothing, got on top of her, and had intercourse with her.
- The victim testified she was crying, that it hurt, and that she indicated she wanted him to stop (including by nodding “yes” when asked whether it hurt and whether she wanted him to stop).
- The victim testified she tried to push Buckley off but could not because of his size.
- A physician examined the victim later that day and found lacerations and abrasions consistent with the victim’s account.
- A jury convicted Buckley of aggravated sexual abuse by use of force and on counts of sexual abuse of a minor.
- Buckley appealed only the aggravated sexual abuse conviction, arguing the government failed to prove the “force” element required by § 2241(a)(1).

## Issues

1. Whether the evidence was sufficient for a reasonable jury to find beyond a reasonable doubt that Buckley “used force” to cause the victim to engage in a sexual act under 18 U.S.C. § 2241(a)(1).

## Decision

- The Eighth Circuit held the evidence was sufficient to support the jury’s finding that Buckley used force within the meaning of 18 U.S.C. § 2241(a)(1).
- The court affirmed Buckley’s conviction for aggravated sexual abuse by use of force.

## Legal Principles

- Under 18 U.S.C. § 2241(a)(1), aggravated sexual abuse requires proof that the defendant knowingly caused another person to engage in a sexual act by using force against that person.
- In the Eighth Circuit, “force” for § 2241(a)(1) may be shown by physical force sufficient to overcome, restrain, or injure the victim.
- On a sufficiency challenge, the appellate court views the evidence in the light most favorable to the verdict and asks whether a reasonable jury could find the challenged element proved beyond a reasonable doubt.
- Evidence that a defendant physically overpowered a victim’s resistance—such as remaining on top of the victim despite resistance and continuing after clear indications to stop—can support a finding of force, especially when corroborated by medical evidence of injury.

## Conclusion

The Eighth Circuit affirmed John D. Buckley’s aggravated sexual abuse conviction because the trial evidence, viewed favorably to the verdict, allowed a reasonable jury to find that Buckley used physical force sufficient to overcome or restrain a resisting 15-year-old, and medical findings of lacerations and abrasions supported the victim’s account of forced intercourse.


United States v. Buckley, 195 F. 3d 1034 (1999)