Volume 63 — Washington Appellate Reports

<bold>[1] Sexual Offenses — Indecent Liberties — Elements — Forcible</bold> <bold>Compulsion — What Constitutes.</bold> For purposes of the crime of indecent liberties by forcible compulsion (RCW <cross_reference>9A.44.100</cross_reference>(1)(a)), "forcible compulsion" as defined in RCW <cross_reference>9A.44.010</cross_reference>(6) requires more than just the force inherent in any act of sexual touching; the force must be used or threatened to overcome or prevent resistance by the victim. <bold>[2] Sexual Offenses — Contact With Nonimpaired Adult — Forcible</bold> <bold>Compulsion — Necessity.</bold> In the absence of forcible compulsion, sexual contact with a nonimpaired adult does not constitute a sexual offense under RCW 9A.44, even if the adult does not consent to the contact.

<bold>[1] Forfeitures — Criminal Law — Forfeiture of Estate — What</bold> <bold>Constitutes.</bold> The prohibition of Const. art. 1, § 15 against a conviction working a forfeiture of estate is limited to forfeitures on the ground that the convict is incapacitated from owning property due to the conviction. It does not prohibit forfeiture for a variety of other rational and legitimate purposes, such as providing restitution for the family of the victim of the crime and punishing the defendant. <bold>[2] Criminal Law — Punishment — Restitution — Power of Court.</bold> The imposition of restitution is dependent on statutory authority. <bold>[3] Appeal — Review — Invited Error — In General.</bold> Under the doctrine of invited error, a party may not set up an error in the trial court and then complain about it on appeal. <bold>[4] Criminal Law — Punishment — Restitution — Scope — Victim's</bold> <bold>Child Support Obligation.</bold> A judgment for child support payments constitutes "property" for purposes of RCW 9.94A.140, which authorizes restitution for such damages, and a loss of future child support payments previously reduced to judgment constitutes "easily ascertainable damages" for purposes of the statute. Thus, a trial court has authority under RCW 9.94A.140 to require a criminal defendant to pay as restitution the deceased victim's child support payments that were reduced to judgment before the victim's death. <bold>[5] Statutes — Construction — Meaning of Words — Ejusdem</bold> <bold>Generis.</bold> Under the principle of ejusdem generis, specific terms in a statute modify and restrict general terms when both are used in sequence. <bold>[6] Criminal Law — Punishment — Restitution — Scope — "Other</bold> <bold>Intangible Losses" — What Constitutes.</bold> The prohibition of RCW 9.94A.140(1) against restitution for "other intangible losses" applies only to nonpecuniary losses. <bold>[7] Courts — Judicial Discretion — Adoption of Another Judge's</bold> <bold>Decision.</bold> A judge who hears extensive arguments and then adopts a different judge's prior decision as the judge's own has exercised judicial discretion.<page_number>Page 325</page_number> <bold>[8] Criminal Law — Punishment — Restitution — Review — Standard</bold> <bold>of Review.</bold> A trial court's restitution order in a criminal case is reviewed under the abuse of discretion standard. <bold>[9] Criminal Law — Punishment — Restitution — Amount — Insurance</bold> <bold>Proceeds — Effect.</bold> A trial court has discretion to allocate insurance payments against that portion of a victim's loss that is not recoverable as restitution, thereby maximizing the victim's total insurance and restitution recovery. WORSWICK, C.J., concurs in the result only.

<bold>[1] Limitation of Actions — Contracts — Limitation Period —</bold> <bold>Expiration — Effect on Underlying Obligation.</bold> The running of a statutory limitation period prevents the enforcement of an obligation, but it does not render the obligation void.<page_number>Page 826</page_number> <bold>[2] Contracts — Quasi Contracts — Unjust Enrichment — Limitation</bold> <bold>Period — Expiration — Payment of Valid Obligation.</bold> A party receiving payment on a valid obligation is not unjustly enriched, even if the obligation is unenforceable due to the expiration of the statutory limitation period. <bold>[3] Appeal — Findings of Fact — Failure To Assign Error —</bold> <bold>Effect.</bold> Findings of fact to which no error is assigned are accepted as verities on appeal. <bold>[4] Fraud — Fraudulent Acquisition — Restitution — Preventing</bold> <bold>Another's Acquisition.</bold> An act of fraud in acquiring property does not give rise to a duty of restitution to a third party unless the fraud prevented the third party from acquiring the property.