APPEAL from the Circuit Court of Cook County; the Hon. ANTHONY
SCOTILLO, Judge, presiding.
MR. JUSTICE JIGANTI DELIVERED THE OPINION OF THE COURT:
Following a bench trial in the circuit court of Cook County the defendant, Ronald Barr, was found guilty of the offense of rape and sentenced to a term of six to eight years in the Department of Corrections. On appeal, he argues the trial court erred in refusing to suppress and admitting into evidence a statement made by him where it was not shown that he knowingly and intelligently waived his privilege against self-incrimination and right to counsel, and (2) that he was not proved guilty beyond a reasonable doubt where the testimony of the complainant is not clear and convincing and is not corroborated by other facts and circumstances, and where the facts do not show that the act of sexual intercourse was forceful and against the will of the complainant.
At trial, the complainant testified that on June 5, 1975, at approximately 1:20 a.m., she left her boyfriend's home in Woodridge, Illinois, and began to drive to her parent's home in Western Springs, Illinois. While driving east on 75th Street she noticed a car following her so closely that she could not see its headlights. She made several turns and ran a stop sign in an attempt to lose the car behind her. The complainant said she did not attempt to pull into a service station or to stop any vehicle for assistance although she had the opportunity to do so. The other car followed her for about eight miles until she reached the intersection of Woodland and Crestview. The other car passed her at this point. She was afraid that the other car would hit her and so she turned the wheel of her car to the right and stopped it with the front wheels resting about three feet onto a grassy area. It was then approximately 2 a.m. The other car pulled in front of hers and also stopped. She said she could have backed up her car and driven away but "the car went around in front of me and I couldn't get around his car at that time so I just stopped, there wasn't anything else I could do."
The complainant testified that the driver of the other car walked over to her car. She had never seen the man before so she rolled up her window and locked the door. The complainant identified the man in court as the defendant. The defendant twice told her to get out of her car. She refused to do so. The defendant then said "if you don't get out of the car I'm going to kill you, I have a gun." Although he did not have anything in his hands, the complainant testified that she thought he might have a gun in his pocket. She thought she would be killed if she refused to do as she was told so she unlocked the door and got out of her car.
The defendant grabbed her left arm and her neck and started to strangle her. She screamed loudly and began to struggle with the defendant. She kicked and hit him and pulled his hair but he continued to strangle her. She started to see double as if she were about to black out. The complainant said that at the time of the rape she was five feet three inches tall and weighed 95 pounds.
The defendant began to drag her toward the front of his automobile. She was still kicking, struggling, and trying to get away from him. When they reached the front of his car he pushed her down onto the street. As she lay on the ground she screamed again. The defendant, who was still strangling her, told her twice that if she did not stop screaming he would kill her "right now."
The defendant then picked her up from the ground and threw her onto the hood of his car. She continued to struggle with him. He shoved her into the car, through the open driver's side door. She continued to try to get away but he was holding her by the throat while he pushed her into the car.
The defendant entered the car after pushing her in and he turned off the lights and motor. He then left the car, leaving the keys in the ignition, went to the complainant's car and turned off that car's lights. While he was gone she did not attempt to start the car or lock the door because she was mainly concerned with getting out of the car and escaping. By the time she started to get out of the car the defendant had returned. She did not scream "because I was afraid that he was going to kill me, he kept telling me that over and over."
When the defendant was back in the car he told the complainant to take off her clothes. When she refused to do so he said he would do it for her if she did not. He also said he would kill her if she did not take off her clothes. The complainant said she was crying, shaking, and was extremely upset and afraid that she was going to be killed. She let the defendant remove her clothing while she pleaded with him not to do so. The defendant removed her clothing, leaving her slacks and panties on her left leg and her left shoe on her foot. She did not attempt to prevent him from removing her clothes. While she was in the car with him she did not hit or strike him. The defendant then took off all of his own clothing.
The defendant lay down on the seat of the car and told her to lie on top of him. She refused and so he pulled her on top of his body and began to move against her. He then put his penis into her vagina. The defendant got on top of her and again inserted his penis in her vagina. She spread her legs so he could enter her because he told her to do so. The complainant said "he kept repeating that if I didn't do these things he was going to kill me and I was scared, scared to death." During the preliminary hearing she said the defendant lay on top of her during the first act of intercourse and that she lay on top of him during the second act.
The complainant also testified that after the second act of intercourse she told the defendant that she had to get up early and go to work and that she really had to leave. As she began putting on her clothing he asked for her phone number. She told him to look for some paper while she was dressing. She pulled up her blue jeans, leaving her panties around her ankle and put on her top. She did not put on her sweater or her right shoe. The defendant found some paper but told the complainant he did not want her phone number because he did not think she would give him the right one. He asked her if she was going to turn him in and she replied she would not. She testified she was not being truthful when she said this. The defendant then told her he thought he should tell her his name because he was a sick person and needed help; he then told her his name was Ron Barr.
The complainant then got out of the defendant's car, carrying her sweater and shoe, entered her own car and drove home. She arrived home about two minutes later, entered the house and began yelling for her father. She ran toward her parents' bedroom screaming she had been raped.
The complainant went to the police station with her father and there she discovered that one of her earrings was missing. It was found later that day at the scene of the occurrence by a police officer. After leaving the police station her father took her to the hospital where she received an internal examination. She said she had abrasions and scrapes on her knees and bruises on her neck as a result of the incident with the defendant. The bruises on her neck were not visible until the day after the rape.
Adrian Glennon testified that she lives four or five houses from the intersection of Woodland and Crestview in Western Springs. On the date in question, at approximately 2 a.m., she was awakened by a scream. It was loud and piercing and sounded like a girl. She looked out her bedroom window but did not see anyone. She heard only the one scream that evening. Using a photograph depicting the ...