People v. Peckham

ROTH, P. J.

Appellant was convicted, in a nonjury trial, of violating Penal Code, section 220: assault with intent to commit rape.

The alleged assault occurred on September 14, 1963, while the victim, an elementary school teacher, was alone in her classroom, preparing for the new semester. No one else was present on the school grounds at the time.

At approximately 1 p.m., appellant drove his ear onto the school grounds and parked outside the room where the victim was working. At the sound of the ear, the victim opened the door and when she asked appellant what he wanted, appellant answered that he had come to deliver a table but that he had arrived ahead of the appointed time. The victim then asked appellant if he would remove a key that was stuck in an outside cabinet. Appellant complied with this request and after removing the key, returned to his car and drove away.

Five minutes later appellant returned to the school grounds and entered the victim’s classroom through a back door. When asked by the victim what he was doing there, he replied, “The truth is I want you.” Appellant then went over to the victim and began hugging her and backing her against a closet door. This continued for 10 to 15 minutes. The victim testified that during this period appellant said, “Just— just hug me and I will be all right,” and I said ‘You don’t want to do this.’ I said, ‘Let’s talk about this.' And he said, ‘What are you trying to do, use psychology on me?’, and I said, ‘No.’ ”

Appellant continued to keep a tight grip on the victim but she persuaded him to sit down for a while, at which time appellant said, “Can you imagine? I came here to rape you

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in broad daylight in this room.” Following this, the victim told appellant that she had better be leaving and went to get her purse lying on a nearby table. However, appellant stood up and blocked her way, shaking his head “no”, he again backed her against the cupboard door. What happened next is best described in the words of the victim.

“Q. And then what happened when he backed you up against the cupboard door? A. Well, then he proceeded to pump and go inside my pants. Q. Well, how did he go inside your pants ? A. Underneath my dress.