People v. Williams

4 Cal.4th 354, 14 Cal.Rptr.2d 441, 841 P.2d 961 (1992)

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Nature of the Case

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Facts

Deborah was approached by Williams (D). Deborah had not met D before, and he did not introduce himself. D was an electrician, and a volunteer and resident at the same shelter Deborah was living. Deborah was 28 years old, 5 feet 1-inch-tall, and weighed 117 pounds. Williams was 52 years old, 6 feet 1-inch-tall, and weighed 220 pounds. They went to get some coffee and D asked her if she would like to watch television. They walked towards Turk Street. D purchased a bracelet from a street vendor for Deborah. The area was unfamiliar to her. D mentioned nothing about sex, and in fact, led Deborah to believe he was not interested in sex because he mentioned that he had a daughter about Deborah's age. They stopped at the Dahlia Hotel. Once inside, D rented a room and asked the clerk for a sheet. At this point, Deborah realized they were in a hotel and were not going to a friend's house. There was no television. D wanted Deborah to lie down beside him on the bed. She suggested that he get back the $20 he paid for the room. Deborah went to the door to let herself out but was unable to release the bolt lock. D came up behind her and put his hand on the door. She told him to 'make it easy for the both of us' by trying to get his money back. He 'hollered' at her that 'he didn't spend $20.00 for nothing.' D punched her in the left eye. D said he would count to five, and he wanted her 'over there in the bed.' She said 'no,' so he pushed her down on the bed. Williams asked her if she wanted him to use a condom. She said no because 'I am not going to do it anyway,' and that she did not come there for that. D threatened her to get undressed. She was scared, so she removed her pants. He took off his clothes, got on top of her, and engaged in sexual intercourse for approximately 10 to 15 minutes. She screamed and tried to push him off, but because of the disparity in their size, her efforts were unsuccessful. Once D had ejaculated, he allowed Deborah to get up and get dressed. He offered her $50, but she said she was not a prostitute and did not want the money. She threw the bracelet at him left and immediately reported that she had been raped. At this point her eye was so swollen she could hardly see out of it. She was taken to the hospital and examined. The examining nurse and doctor testified that the injury to the eye was more consistent with a punch than a slap. Vaginal slides showed the presence of semen. The doctor testified that Deborah appeared scared and that the examination was consistent with her complaint of sexual assault. D gave a dramatically different account. D claimed that the encounter was entirely voluntary but that after intercourse, Deborah told D she needed $50 because her sister was moving in with her boyfriend, and she was not sure if she would fit in. When he refused, she became hostile and 'Her personality changed completely.' She threatened to create a problem for him by telling Father Nunn and her sister if he did not give her the money. Deborah called D a 'welching Nigger,' and said she knew how to 'fix' him since her father and either brother or brothers-in-law had previously raped her. Angry at these remarks, D slapped her hard on the right, not the left, side of her face. He asked for the return of the bracelet, and she threw it on the bed. As she got dressed, D asked Deborah why she did not wipe away his sperm, and she said that she wanted to preserve the evidence. The trial court found that the evidence supported a jury instruction regarding consent. It refused, however, to give an instruction requested by both defendant and the People on reasonable and good faith but mistaken belief as to consent. D was found guilty. He was sentenced to eight years in state prison. The Court of Appeal reversed, finding there was substantial evidence in support of defendant's request for a “Mayberry instruction.”