People v. Jansson

323 N.W.2d 508 (1982)

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Nature of the Case

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Facts

Carolyn Lamoreaux testified that on January 7, 1979, she was introduced to td by a mutual friend at a Dunkin' Donuts restaurant. The complainant was asked by D if she was looking for a job and she answered she was. d suggested that she fill out an application that night for a full-time secretarial position at his place of employment. They left the restaurant and drove to the Stedman Agency. D explained the responsibilities of the job while showing the complainant around the building. They entered Frank Stedman's office and sat down. D told the complainant that he was interested in 'someone to fuck'. The complainant indicated to the defendant that she would not 'do things like that.' D walked over and turned off the light. The complainant stood up and was grabbed by D. The defendant pulled the complainant to the floor and removed her clothing. He then removed his own clothing and had sexual intercourse with her. The complainant testified that she did not engage in the act willingly but was forced. She was frightened and panicked and did not know what action to take. D called John Stedman. Stedman came to the office building. Complainant testified that when Stedman arrived D lifted her blouse and underclothing to expose her breasts. Complainant then waited outside the building for the defendant to drive her home. D drove the complainant to Dunkin' Donuts. He asked the complainant for her phone number and she complied. Complainant called David Heyboer, a police officer and former boyfriend. They met and she told him what had transpired. He encouraged her to report the incident. D claimed that intercourse occurred but was consensual. D did not testify. The only witness called on behalf of the defense was Mr. Vreeland who had accompanied Mr. Stedman to the office on the night in question. Mr. Vreeland indicated that the complainant came out of the building about 15 minutes after Mr. Stedman entered and said nothing about the alleged crime during a brief exchange with the witness. D was found guilty of criminal sexual conduct in the third degree. D appealed.