This section contains the nature of the case and procedural background.

The victim, T, a twenty-six year old woman, and her girlfriend, A, a visitor from Idaho, went to a bar. T was introduced by a friend to D, who bought her a drink. D invited T and A, together with a male acquaintance A had met at the bar, to dinner at a restaurant across the street. After dinner, D having paid for T's share, the four left the restaurant. D proposed that they all go to his apartment in West Haven. Because A's acquaintance had a motorcycle, D gave them directions to the apartment so that they could ride there, while he and T walked. After a twenty minute walk, D and T arrived at the apartment at about 10 p.m. A and her acquaintance were not there and never arrived. T and D sat on the couch in the living room to watch television. After a while d put his arm around T and told her he wanted a kiss. She gave him a kiss. She testified that 'He wouldn't back off. He wouldn't let go of me. So I said, look, I am not kidding. I really don't want to do anything. I don't know you and whatnot.' D still held onto T. She testified that he was 'still right in my face wanting to kiss me. You know, saying so, saying that you don't think I paid for dinner for nothing, do you.' T testified that she was scared: 'At first I didn't know what to do. I did spit in his face and he didn't even take it seriously. Then I tried kicking him off, which was to no avail. He was way too big for me.' T described the defendant as 'at least six foot two' and 'at least two hundred pounds.' She testified: 'He told me he could make it hard on me or I could make it easy on myself, which I finally decided was probably my best bet.' T understood that D was determined to 'have sex' with her and that either he would hurt her or she 'was going to go along with it.' At the point where T ceased resistance, she was 'down on the couch' and D was 'on top of' her. T testified that after she decided to 'give in,' she tried to convince the D that she was not going to fight and 'was going to go along with him and enjoy it.' D removed T's clothing and led her into the bedroom. When she declined his request for oral sex, he did not insist upon it, but proceeded to engage in vaginal intercourse with her. After completion of the act, D said that he knew the victim felt that she had been raped, but that she could not prove it and had really enjoyed herself. T placed her pink cigarette lighter underneath the couch, so that she would be able to prove she had been in the apartment. When asked for her number T gave D a fake phone number. She accepted sherbet ice cream as she waited for a cab to take her home. When a cab arrived, she told the cab driver to take her to the police station because she had been raped. At the station she gave her account of the event to the police. D was arrested. The police found T's lighter under the couch in his living room, where T had informed them it was located. D was tried convicted and appealed.

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