Goldberg v. State

Randy Goldberg (defendant) approached an 18-year-old young woman and told her he was a modeling agent. He convinced her to go with him to his purported studio, which in reality was an apartment. Once inside the apartment, Goldberg brought the victim into the bedroom and talked her into removing her clothing, maintaining his claim that it was part of interviewing her for modeling jobs. After the victim undressed, Goldberg brought her to the bed. The victim testified that she was scared and repeatedly told Goldberg that she did not want to do anything with him and in fact wanted to leave. Goldberg repeatedly told the victim to relax and that he would not hurt her. Eventually Goldberg put his arms on her torso, moved on top of her, and had sexual intercourse with her, while she was attempting to squeeze her legs together, crying, and telling him not to. Goldberg then drove her to her house, gave her his telephone number, and asked for her number. After she complied, he told her that girls act like they don’t want to have sex but in fact do. The victim told him that she had not wanted to have sex with him and went inside. After telling a friend about the rape, her friends persuaded her to go to the police. Goldberg was arrested and charged with rape. Goldberg admitted having sex with the victim but testified that it was consensual and claimed the victim never appeared to be frightened. Goldberg was convicted of second-degree rape and appealed, alleging that the evidence was insufficient to support the conviction.