APPEAL from the Circuit Court of Cook County; the Hon. ARTHUR
L. DUNNE, Judge, presiding.
MR. PRESIDING JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:
Rehearing denied August 31, 1976.
Defendants Douglas Jones, Lytton Parkman, Milton Harvey, and Jeffrey Coleman were jointly indicted on charges of rape (Ill. Rev. Stat. 1971, ch. 38, § 11-1) and deviate sexual assault (Ill. Rev. Stat. 1971, ch. 38, § 11-3). Each was convicted after a bench trial and sentenced to a term of 4 to 12 years. All four defendants appeal to this court for reversal.
According to the testimony of the complainant, on July 24, 1972, at approximately 1 a.m., she and her sister arrived by taxicab at the Nice and Easy Lounge, a club located on East 87th Street in Chicago. She had been to the club at least two Saturdays per month for the previous 7 or 8 months and usually encountered the same group of people. The witness testified that she went to the lounge to dance, not to drink or meet young men. She ordered one drink and danced during the course of her stay with several individuals, including defendant Lytton Parkman. Complainant observed two other defendants, Milton Harvey and Jeffrey Coleman, but did not dance with either.
At about 4 a.m., she left the lounge, unaccompanied, and stood outside to breathe fresh air because the club was hot and smoky. Harvey approached her and inquired as to her reasons for leaving. She explained and, in the course of the conversation, Parkman appeared and said to Harvey, "Man, what are you doing, standing out here talking to my lady?" Complainant asked Parkman what he was talking about since, as she testified, she had never dated Harvey or any of the other defendants. Parkman pushed complainant and she told him to "Go ahead" which she testified meant "Leave me alone." Harvey then began to push her. Since she considered their conduct to be playful, she was not afraid of them. Parkman then picked her up and pretended to put her into a trash can situated near the club. She told him to put her down.
After this, the two began pushing her toward the parking lot. Although she still was not in fear, she became angry and demanded that they leave her alone. When one of them hit her hard, she struck back at him. Coleman, who had recently appeared, shouted, "Man, you should kick that [obscenity], because she thinks she's top flight" and also, "Man, you let her hit you like that. The broad thinks she's bad." The witness stated that the mood changed at this point. Harvey and Parkman took her by the arms and started pulling her, saying that they were going to "pay her back." They proceeded to carry or drag her down the street away from the lounge. Complainant began to scream and Harvey applied painful pressure to her arm. After being taken 2 or 3 blocks, she again heard Coleman making comments similar to his previous statements. During this time, she pleaded with them to let her go, told them that they must have been out of their minds, and continued to scream. No one responded to her cries. She testified that she tried to resist being taken away by tugging and pulling at their grip on her.
Complainant was taken 5 or 6 blocks, dragged up the front steps into a house which was dark, and then down some stairs into a basement. Parkman pushed her into a room with a light on and closed the door. He told her that the only way she could get out was to take off her clothes. Complainant unsnapped her belt and Parkman pulled down her pants and panties and assisted in taking off her blouse and bra. He told her she had to "sex him up." When asked what he meant, he replied that she knew how to do "head jobs." The witness stated that she did not know what he was talking about. Parkman then stated, "You're not going to leave here until you sex me up." He pushed her head down and struck her on the back of it when she resisted his efforts. He then engaged in an act of fellatio. During this time, Harvey came into the room and told Parkman to hurry because he was "in on it too," and then left. Parkman told complainant to lie down and subsequently had intercourse with her. Harvey returned, insisting that it was taking too long, and then left again. Parkman told her to "sex him up" one more time and he would get her out of the house. He then engaged in another act of fellatio.
After a sudden commotion outside, Coleman, Harvey, and Douglas Jones entered the room. One shouted, "Man, what are you doing. The [obscenity] probably got you thinking that she's going to deal with you afterwards, man. What's the matter with you. I want mine." Coleman called complainant a whore and said that she wanted to be paid. She denied this and begged them to let her go. She started to scream and Jones told her to shut up. The three left the room and closed the door. Still crying, the witness asked Parkman to let her go. He then stated, "Just be cool. I'm going to get you out because I don't know why I brought you down here anyway. I'm going to get you out * * *. These are my partners. These are the people that I make money with. They're going to hate me for this. I'm going to get you out." Parkman left the room at this time.
When he returned, Parkman told her to put on her clothes and he would get her out of there. After they dressed, he asked her to hold his hand and not let it go, regardless of what happened. She did so. Parkman then opened the door and they exited the room. Coleman and Harvey immediately confronted them and objected. Harvey pulled complainant back into the room and demanded that she take off her clothes. He snatched her pants and underwear down and pulled off her blouse. He told her to "shut up and lay down." Coleman entered the room briefly to tell him to hurry. Harvey then had intercourse with complainant for about 10 to 15 minutes.
Coleman returned after Harvey had left and said that she would have to "do a head job" and to "shut up crying." He then proceeded to engage in an act of fellatio with complainant while she was crying. The witness testified that Coleman became angry because she was not performing to his satisfaction and hit her on the back of the head at least twice. He then had intercourse with her.
Thereafter, Jones entered the room and said that he was the last one and then she could leave. He also engaged in an act of fellatio. He subsequently began to have intercourse with complainant but ceased because he "couldn't stand all that [obscenity] crying." When Jones dressed, the others entered the room. Coleman asked her if she was all right and if she wanted something to eat or drink. She answered, "Just let me out."
Parkman stated that he was going to get his father's car keys and take her home. Coleman, Jones, and Harvey left the house at this time. When complainant was fully dressed, she and Parkman went upstairs into the kitchen. He said that she "looked a mess" and that he could not take her home like that. He then brought a brush for her hair and went into the living room. When she finished brushing her hair, Parkman told her to sit in a chair. It was light outside by this time.
At that point, Parkman's father entered the living room. Complainant testified that she was still crying and did not say anything to him because she was afraid. Parkman asked for the keys to the car but his father said he wanted to get some cigarettes. While he was gone, complainant told Parkman that she could not sit there any longer, that she had to leave. He said that she could go and opened the door. By this time, his father had returned and Parkman received the keys. He told her to get into the car and then drove to her apartment building.
According to her testimony, the witness went into the building and buzzed her apartment since she did not have a key. No response was forthcoming, so she walked outside to a phone booth and dialed her number. When her sister answered the phone, complainant informed her of the rape and asked to be let into the building. When she entered the ...