Commonwealth v. Gonzalez

109 A.3d 711 (2015)

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Nature of the Case

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Facts

The victim, K.M., was twenty-five years old at the time and suffers from cerebral palsy. She has 'stiffness and tightening of the muscles in her legs and she needs crutches to walk. If she were lying on the floor, she could pull herself up if she had something to pull herself upon. She cannot bend her knees normally but has to use her hands or have someone help her. She cannot easily spread her legs apart, as they have to be pushed apart. D and the victim met each other on a Christian dating website. They began seeing each other. On March 7, 2011, D picked up the victim and took her to the mall. She told D that she was a virgin and didn't plan on having sex before she was married. That evening, they kissed and hugged. D asked her to be his girlfriend, and she agreed. On March 8, 2011, D picked her up from her physical therapy appointment and went to D's apartment to watch a movie. They watched the movie and she started kissing D and they both began touching and rubbing one another's genitals over their clothes. D was erect. D asked her if she wanted to go to the bedroom, to which she agreed. D took her phone out of a pouch connected to her jeans and placed it on a TV tray in the living room. Once in the bedroom, she noticed a bare mattress against the wall with no furniture surrounding it. She sat down herself and D 'took my crutches and put them out of reach. She laid down by herself. There was no way she could have gotten up from that point. D removed her jeans and underwear and lay on top of her. When he laid on top of her she said 'no, don't.' D got on his knees and forced her legs apart 'with his hands and put them on his shoulders. She then felt his penis inside her, and she 'kept saying ow.' D told her she 'had to be quiet.' D couldn't resist because she couldn't move her legs. D suddenly stopped, and the encounter ended. There was blood on the mattress and blood on her underwear after she put them back on. After she got dressed, D said to her, 'I'm sorry. I have a weakness.' D did not hit, kick, grab, push, gag, or punch her or use his fists or a weapon. D testified that the encounter was consensual. D denied ever putting the victim's legs on his shoulders or having his hands around her ankles. He also denied ever apologizing to or admitting that he had a 'weakness.' He testified further that she never said 'no, don't.' D claimed she gave him directions as to what to do the entire time. K.M. and D returned to the living room to continue watching the movie. Gonzalez indicated that his cousin was coming over to visit, and K.M. asked him to take her home. D assisted her, and she stood outside while D went to get his car. Although the police station was across the street, K.M. did not make any telephone calls or attempt to go to the police station to report the incident. D helped K.M. into the car, and they stopped at a gas station en route to her house. She did not use her cell phone at the gas station or report the incident to anyone. Upon arriving at her home, Gonzalez helped her get out of the car. She eventually told her sister and mother that she thought she had been raped. D was convicted and appealed.