Issue

Sexual battery—essential elements—force implied by lack of consent—sufficiency of notice to defendant

Summary

The indictment charging defendant with sexual battery was facially valid where it contained sufficient facts to support each essential element of the charged offense, including force, since the allegation that defendant engaged in sexual conduct with the victim without her consent was sufficient to imply that the contact was committed by force, however slight, and was therefore adequate to put defendant on notice of the charge.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →