State v. Rumme

432 S.E.2d 39 (1993)

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Nature of the Case

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Facts

A twenty-one-year-old woman, C.D., began to walk home. As she was walking, she became aware of a vehicle following her at a very slow rate of speed. C.D. noticed that the driver of the vehicle was hunched over as he drove and appeared to be balding. The vehicle passed C.D. and turned the corner. Shortly thereafter, C.D. became aware of a man following her on foot. She increased her pace, but he followed even faster. He caught her and roughly grabbed her. C.D. yelled and told him to leave her alone. He put one hand between her legs and began rubbing roughly. He attempted to put his other hand up C.D.'s shirt and grabbed her breasts through her shirt. C.D. tried to escape but fell to the ground. The man fell on top of her and again roughly fondled her breasts through her shirt with both hands. She finally pushed him off of her and got up and ran to a nearby payphone. C.D.'s mother arrived within minutes, and, as C.D. and her mother waited for the police to arrive, C.D. noticed the vehicle that had earlier followed her pass by. While she was sitting in the police car giving her statement, C.D. noticed the car that had earlier followed her again pass by. Officer Parsons stopped the car and identified the driver as her attacker. At trial, D testified that he had followed C.D. in his car and later approached her on foot and asked her to go out with him. D denied touching her breasts or sex organ. He asserted that he left her upon her request that he do so. D contended that he was familiar with C.D., whom he suggested was a prostitute. He also asserted that he had 'picked up' C.D. several weeks before the incident and that they had had sexual intercourse at that time. D was found guilty of two counts of sexual abuse in the first degree. D appealed. D contends that his two convictions for first-degree sexual abuse were improper because only one offense was committed. This conclusion is based upon the premise that the touching of the victim's breasts and her sex organ occurred within a brief period of time and should be considered one act.