People v. Dolly

JEFFERSON, J.

Defendant was charged with rape in violation of Penal Code, section 261, subdivision 2. It was alleged that he accomplished an act of sexual intercourse upon a female person incapable, through unsoundness of mind, of giving legal consent to sexual intercourse. The court found defendant guilty as charged. Proceedings were suspended and defendant was granted probation. He appeals from the judgment (order granting probation).

Carol, the prosecutrix, was 20 years old at the time of the assault. She worked at the Cerebral Palsy Foundation. Defendant worked next door. At 7:30 p.m. on April 3, 1964, Carol went to defendant’s apartment. This was the only occasion she had visited his apartment. She was accompanied there by a young man who worked with her at the foundation. After a short time the young man left at defendant’s request and Carol was alone with defendant. After telling her to take off her dress, defendant carried Carol into the bedroom. He told her to remove her girdle. She complied and then removed the rest of her clothing and got into bed. After pulling the sheets down defendant began “hurting” her at the “bottom” of her body, the part she used when she “went to the bathroom.” She stayed all night with defendant in the apartment. Officer Lionel Robert went to defendant’s apartment at 11:30 a.m. on April 4, 1964. After defendant answered the door and the officer entered the apartment, he observed Carol in the bedroom arranging her clothing-—she was pulling her dress down over her hips. Carol and defendant were alone in the apartment at the time.

[145]

In Carol’s testimony she indicated that she had no idea how babies were born or where they came from, She read a letter which defendant gave to her (People’s Exhibit 3):

“The Witness: (Reading)

“ ‘Dear Carol,

“ ‘Since you know my feelings for you, what are you going, to do about it? I would like you to spend some time with me alone. Yes?’—I have spent some time with me alone—I get confused. Oh. ‘I have just moved into a new house. I know you will like it very much. Carol, my pretty girl. I like you to be shy. (Smile). I like you more than as a friend. I would love to kiss and love you very much, pretty. I would like to see you soon. That’s if you want to. And I mean alone. Yes? Write me soon and let me know. ’ ”