People v. Evans

85 Misc. 2d 1088, 379 N.Y.S. 2d 912 (1975)

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Nature of the Case

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Facts

Rape is defined in subdivision 1 of section 130.35 of our Penal Law as follows: 'A male is guilty of rape in the first degree when he engages in sexual intercourse with a female: 1. By forcible compulsion'. Forcible compulsion was defined in subdivision 8 of section 130 of the Penal Law as 'physical force that overcomes earnest resistance; or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person, or in fear that he or another person will immediately be kidnapped.' Evans (D) was a 37-year-old bachelor who was aptly described as glib. D met L.E.P. who was 21, attractive and a second-year student at Wellesley College. She could be described as unworldly, gullible, trusting, and naive. D struck up a conversation with her posing as a psychologist doing an article and using a name that was not his real name. D then invited Miss P. to accompany him to Manhattan, her destination being Grand Central Station. But they did not go their directly. D and a girl named Bridget took Miss P. to an establishment called Maxwell's Plum, which D explained was for the purpose of conducting a sociological experiment in which he would observe her reactions and the reactions of males towards her in the setting of a singles bar. After several hours, Miss P. was invited to come up to an apartment which D explained was one of his five offices in the city. Miss P came to the apartment and her questions as to the existence of photographs of children, a crib, stuffed animals and toys, were readily explained away by D as being connected with his treatment of patients as a psychologist, the explanation of the crib and the toys being that these were used for the purposes of primal therapy to enable his patients to associate with their childhood years more readily. In the apartment, the psychological interviewing continued, the defendant having explained to Miss P. that he was searching for the missing link between the 'girl-woman' and the 'woman-girl.' Miss P., who was then working in a psychiatric branch of New York Hospital, Cornell Medical School, in White Plains, and who had some training in psychology, believed that all of this legitimately related to a psychological research project which D was conducting. Miss P. had been there for two hours when D made his move and attempted to disrobe her. Miss P. resisted successfully until D informed her of his disappointment that she had failed the test that was part of his psychological experiment. D then began to talk about the possibilities of the situation in that he stated he could kill her, rape her and physically hurt her. Miss P. then became frightened and realized how vulnerable she was. D then told her a sob story about his lost love and how she had reminded him of her. Miss P. then reached out and touched D and then they had sexual intercourse. D testified that at least three acts were committed and that Miss P. offered little resistance over a long period of time. She left at 7 the next morning. D was placed under arrest, and while he was in custody, he escaped from the police car in which he had been placed, and that Detective Kelleher chased him in and around the streets and up 15 flights of a building, where he ultimately located D on a water tower. The explanation given to Detective Magnusson was that he was looking for a lawyer. The issue at trial was whether D used forcible compulsion to commit this alleged act of rape.