Supreme Court, New York County, Trial Term
379 N.Y.S.2d 912 (1975)
Evans (defendant), a 37-year-old single man struck up a conversation with Miss P., a 20-year-old female who had just arrived at New York’s LaGuardia Airport. Evans lied and told Miss P. he was a psychologist doing a magazine article and asked if she would like to be interviewed. Evans invited the naïve Miss P. to go with him in his car into Manhattan where they went to a singles bar. After several hours there, Evans enticed Miss P. to go to his apartment which he said was used as one of his five offices or apartments throughout the city. After nearly two hours, Evans pulled Miss P. off his sofa-bed and attempted to take her clothes off. She refused and Evans told her that it had all been a test. Then Evans said, “[L]ook where you are. You are in the apartment of a strange man. How do you know that I am really who I say I am? How do you know that I am really a psychologist?” Then he said, “I could kill you. I could rape you. I could hurt you physically.” Even though Miss P. thereafter became very afraid, she eventually had sexual intercourse with Evans a number of times. Evans was charged with first-degree rape. At a non-jury trial, Miss P. stated Evans pinned her down by his body. However, there was no evidence of torn clothing, scratches, or bruises. Evans was found guilty and he appealed.
Rule of Law
Holding and Reasoning (Greenfield, J.)
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