People v. Evans

Facts

Defendant is a bachelor about 37 years old. Defendant met a 20-year-old female, Miss P., from North Carolina who had disembarked an incoming plane at La Guardia Airport. Defendant pretended to be a psychologist writing a magazine article and used a fake name to induce Miss P. to answer questions. Defendant and a woman named Bridget took via car Miss P. to a singles’ bar in Manhattan. Defendant told Miss P. the purpose of this trip was for a sociological experiment to observe Miss P.’s reactions and reactions of males towards her. Defendant induced Miss P. to come up to his apartment after several hours at the singles’ bar.

After one to two hours at Defendant’s apartment, Defendant pulled Miss P. onto a sofa bed in the living room and attempted to remove her clothes. Miss P. warded off these advances and re-dressed herself. Defendant told Miss P. that she had failed the test and his advances were part of his psychological experiment to reach her innermost consciousness. Defendant told Miss P. that he was a stranger and that he could kill, rape, or hurt her. Miss P. became frightened, but Defendant played on her sympathies by telling her she reminded him of a woman he loved who killed herself. Miss P. reached out to Defendant and put her hand on his shoulders.

Afterward, Defendant and Miss P. engaged in multiple acts of sexual intercourse and oral-genital contact until 7 a.m. the next morning.  Miss P. resisted very little during the multiple acts of sexual intercourse and oral-genital contact. Miss P. dressed and left the apartment around 7 a.m.