APPEAL from the Circuit Court of Cook County; the Hon. DANIEL
J. WHITE, Judge, presiding.
MR. JUSTICE PUSATERI*FN1 DELIVERED THE OPINION OF THE COURT: *FN1 THIS OPINION WAS PREPARED BY MR. JUSTICE PUSATERI AND WAS ADOPTED PRIOR TO HIS RESIGNATION.
Rehearing denied March 3, 1978.
Defendant, Edward S. Reed, was found guilty of rape, three counts of deviate sexual assault and one count of unlawful restraint (Ill. Rev. Stat. 1975, ch. 38, pars. 11-1, 11-3 and 10-3) after a bench trial in the circuit court of Cook County. He was sentenced to four concurrent terms of 4 years to 4 years and a day for rape and the three counts of deviate sexual assault and to one concurrent term of 1 to 3 years on the unlawful restraint charge. The issues for review are whether defendant was proved guilty beyond a reasonable doubt and whether his appointed trial counsel was incompetent.
The complainant testified at the time of the incident she was 19 years old, a student at the Art Institute of Chicago and was living with her aunt in Hyde Park. On April 23, 1976, she received a telephone call from defendant, who identified himself as Dr. Reed and told her he was an acquaintance of her best friend, whom she knew in high school in North Carolina and was at that time attending art school in Atlanta. Defendant told her he was a doctor in Atlanta, was divorced and had come to Chicago to visit his children.
On April 25, 1976, defendant telephoned again and made arrangements to take her to dinner. That evening, defendant, who was 49 years old, and his son picked up the complainant at her aunt's house, and then went to the lounge at the 50th On The Lake Motel where she had two drinks. Defendant's son made a telephone call and then left.
Defendant told her he was a psychologist and that her friend had mentioned the complainant had sex problems. The complainant thought it unusual her friend would make such a remark and told defendant she had no problems. She explained to defendant that she had high priorities and she would want to love and respect someone before giving herself sexually. At trial she stated she had not had sexual relations prior to that time.
They then talked about her school and about the fact that she was tired and tense trying to finish her work. Defendant told her he knew about a method of massage which could relieve tension and make her feel better. He stated the massage required that both of them be nude. She inquired if there were any sex involved, and defendant said no. He then encouraged her to go someplace where he could give her the massage. When complainant asked if he had an office or a place where they could go, defendant told her he had an apartment he was renting while in Chicago. On cross-examination she stated there might have been talk about going to a motel, but they mutually agreed on his apartment.
They left the lounge and first drove to an apartment where he said his former wife lived because he needed to pick up some things. When they got to his apartment, they walked up the back stairs to the third floor, and she saw lights on in other apartments. Upon arriving in defendant's apartment, she asked him to tell her about the massage technique, but he declined and said they would just go ahead and do it. She went into the bedroom and voluntarily took off her clothes and put a blanket around herself. When she looked up she noticed that defendant had also disrobed.
Defendant told her to lie on the bed and he would give her the massage. He started at her head and massaged the entire front of her body including her breasts. She thought he knew what he was doing because she felt relaxed. He then told her to massage him, that it was part of the relaxation technique. She massaged his back, but he told her she was not doing it right, and he began to show her again how it was done, with her lying on her stomach. She stated he became rough, slapped her on the buttocks, and told her to turn over and close her eyes. When she had done that, he placed his finger and mouth on her vagina. She pushed him away and yelled at him to stop, but he pushed her down and again put his mouth on her vagina. She told him to leave her alone, but he refused. She begged him to let her go to the bathroom, and he acquiesced; she did not recall whether or not there was a lock on the bathroom door.
After about 2 minutes she came out and told him she was going to get her clothes and leave, and defendant said she could not. She picked up a mop and told him to get out. He stated she was not going anywhere and locked the door. She went into the bedroom and started to pick up her clothes, but he grabbed the mop from her and threw her on the bed. She rolled over to the opposite side of the bed and screamed out the window. Defendant put his hands over her mouth and told her not to scream "or else." He threw her down on the bed once more, and despite her efforts to fight against him, he began having intercourse with her.
When he got off her she tried to kick him in the crotch with her foot but failed, and he slapped her under the chin. He grabbed hold of her and told her it looked as if she was "going to be a hard one." He made her spread her legs apart and told her not to move. When she moved her left leg, he hit it with his fist, and then placed a sheet over her entire body. She threw it off twice complaining she could not breathe, and he yelled at her to leave the sheet on. He then tied a towel around her head and yanked it tight behind her, and she then heard him going through the case that he brought with him. When he sat between her legs, she begged him not to kill her.
Defendant then placed a vibrator in her vagina for about 2 minutes after which he again began intercourse with her. She stated she tried to fight but then stopped. Defendant then assaulted her anally with the vibrator and with his penis for a period of about 10 minutes after which he grabbed her by the hair and forced her to commit an act of fellatio.
Defendant once again engaged in intercourse with complainant and he remained in that position until he fell asleep. She twice tried to get away, but defendant awoke each time and prevented her from leaving. She then fell asleep for a period of 15 minutes or longer. Upon waking she dressed and left the apartment at 4 a.m. without disturbing defendant.
She tried to get a taxi but there were none available. However, two men stopped in a car and asked if she was in trouble. After a ...