A criminal sexual conduct in 4th degree is considered as such when the actor uses force to accomplish it. What DLK argued is that the use of force should be considered as a separate act from the effective sexual contact which was his hand pinching on the victim's breast.
There are 2 previous cases which the Carlton County Court used as a reference in order to take a decision over the DLK case.
- In State vs Mattson, the accused was charged with 2nd-degree criminal sexual conduct because he could prove that there was no use of force in order to fulfill the sexual act.
- In State vs Brouillette, the accused was charged with 4th-degree criminal sexual conduct because the proof of the use of force and sexual contact were undeniable.
