Well if the intended victim is bigger and stronger this might be true. As far as I know reading the article to this point, the judge was looking at a big strong girl and a little scrawny guy and wondering if the little scrawny guy could have overpowered her in that way. Sadly I would not put it past MSN to mangle the context...I will read on and see what they allow me to know...
The judge was making no such size-related claim.
The judge was making no such size-related claim.