APPEAL from the Circuit Court of Cook County; the Hon. VINCENT
BENTIVENGA, Judge, presiding.
MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:
Rehearing denied October 15, 1979.
Following a bench trial, defendant was found guilty of rape (Ill. Rev. Stat. 1977, ch. 38, par. 11-1), and was sentenced to a term of four years to four years and a day. On appeal he contends that he was not proven guilty beyond a reasonable doubt.
The following pertinent evidence was adduced at trial.
Complainant testified that in January 1978 she worked at the Pepsi Cola Bottling plant in Chicago. While working at the plant, she met the defendant Ray Edmond. After their initial meeting, she had casual conversations with him during work. On two occasions prior to January 26, 1978, he gave complainant a ride home from work. He drove a brown van outfitted with carpeting; a refrigerator; a heater and a seating area across the back.
As a result of a snow storm on January 26, 1978, she and other office personnel were allowed to leave work early at approximately 1:30 p.m. She waited at the plant until 4 p.m., however, to obtain a ride home from defendant. On their way from the plant to defendant's van, she broke the heel of her boot. She asked him to drive her to a shoe repair store at the corner of Madison and Pulaski. It took them two hours to reach the store because of the traffic conditions. After her boot was repaired, defendant went to the liquor store and purchased a bottle of rum and a Coke. She refused his offer to have a drink and she did not have a drink at anytime that evening. From the liquor store, he took a number of side streets to avoid the heavy traffic. Upon encountering a car stuck in the street, defendant tried to go around it, but became stuck in a snow bank. Defendant's attempts to "rock" the van out of the snow were unsuccessful. With the aid of passersby, he tried to shovel the van out of the snow, but was again unsuccessful. By this time, defendant had consumed the bottle of rum. Defendant then told complainant that he was going to walk to a friend's garage to ask for a tow out of the snow. Before leaving the van, he told her that she should sit by the heater in the back of the van to keep warm. Complainant remained in the front passenger seat until she became cold. She then moved next to the heater in the back of the van.
When defendant returned, he told her that his friend was not at the garage. Defendant then said he wanted to get next to her in the back of the van. She told him to stay in the front of the van. Ignoring her statement, he came into the back of the van and sat next to her. At this point, defendant tried to put his arms around her. She pushed him away and said, "Stay away from me" and "I don't want you to hug me." They began to struggle and defendant struck her several times about the face and stomach. She fought him by screaming, scratching and biting. In fact, she bit him on the hand. Defendant struck her again and began to choke her with his hands. When he stopped choking her, she told him that "he would have to kill me if he wanted to rape me." He said he would. Defendant then forced her skirt up and pulled her panties and pantyhose down. He then had sexual intercourse with complainant. During the act, she tried to push him away and continued to scream. After the performance of the act, she pulled on her clothes and ran out of the van.
She ran across the street to a tavern to get help where she tried to telephone her sister, Betty Atles, but the line was busy. She asked the operator to interrupt the telephone call because this was an emergency. When she spoke to her sister, she told her that she had been raped and beaten. Betty Atles told complainant that she was unable to pick complainant up because her husband had the car. This conversation took place at approximately 10 p.m. After talking to her sister, complainant left the tavern and obtained a cab ride home.
Upon arriving home, complainant talked with her sister Betty who resided with her, and then called the police. The police arrived and took her to Mount Sinai Hospital where she received medical treatment. At the hospital, complainant observed in a mirror, that her face was swollen and bleeding and that two of her teeth were chipped.
On the following Monday, January 30, 1978 she returned to work at the Pepsi Cola Bottling plant. She saw defendant and noticed that his hand was bandaged. In addition, company personnel took photographs of her. She identified People's exhibits 1, 2 and 3 as accurate photographs made of her on January 30, 1978. She also identified the defendant in court as the man who raped her.
On cross-examination she stated that her conversations with defendant prior to January 26 were friendly and pleasant. She admitted that the ride home on January 26 was basically pleasant. During that ride, she was not in fear of defendant. She denied having touched or kissed him in the shoe repair store. She further denied having smoked marijuana on or before January 26, 1978. She admitted that she drank alcohol, but denied having any of the rum purchased by defendant on that day. She admitted that she did not try to leave the van when defendant said he wanted to get next to her. However, she did try to escape when defendant attempted to embrace her. She admitted that when she ran from the van, she did not look for the police. At the tavern, she called her sister first rather than the police. But upon reaching her home, she promptly notified the police. Under questioning by the court, complainant stated that the public transportation was working on the afternoon of January 26, 1978.
She and her family live with the complainant in the same house. At approximately 10 p.m. on January 26, 1978 she was on the telephone when her conversation was interrupted by the operator because of an emergency. After hanging up the phone, she received a call from her sister who was crying and nervous. Her sister said that she had been raped and beaten. She told her that she was unable to come pick her up because she did not have the car. About a half hour later, her sister arrived home and said she had been raped and beaten by defendant. There was a scratch over complainant's right eye; her left cheek was swollen; her lip was cut; there was dried blood ...