Commonwealth v. Rhodes

481 A.2d 610, 332 Pa. Super. 273, 1984 Pa. Super. LEXIS 5417
CourtSupreme Court of Pennsylvania
DecidedJuly 13, 1984
Docket3041
StatusPublished
Cited by10 cases

This text of 481 A.2d 610 (Commonwealth v. Rhodes) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Rhodes, 481 A.2d 610, 332 Pa. Super. 273, 1984 Pa. Super. LEXIS 5417 (Pa. 1984).

Opinions

WIEAND, Judge:

Nicholas Rhodes was tried non-jury and was found guilty of corrupting a minor,1 indecent exposure,2 indecent assault,3 involuntary deviate sexual intercourse,4 statutory rape,5 and forcible rape6 as a result of sexual acts committed with an eight year old, female child. Post-trial motions were denied, and Rhodes was sentenced on the rape and ■ involuntary deviate sexual intercourse convictions to concurrent terms of imprisonment for not less than six (6) nor [275]*275more than twenty (20) years. He was also sentenced to probation for five years on the conviction for corrupting the morals of a child. Sentence was suspended on the conviction for statutory rape, and no sentences were imposed on the remaining convictions. On direct appeal, Rhodes contends that the evidence was insufficient to sustain the convictions and that the sentences were excessive. We agree that the evidence was insufficient to prove a forcible rape. There is no merit in any other of appellant’s contentions.

An examination of the sufficiency of the evidence in this case can best begin by examining and comparing the statutory definitions of the offenses commonly known as rape, statutory rape and involuntary deviate sexual intercourse. Rape is defined at 18 Pa.C.S. § 3121 as follows:

A person commits a felony of the first degree when he engages in sexual intercourse with another person not his spouse:
(1) by forcible compulsion;
(2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
(3) who is unconscious; or
(4) who is so mentally deranged or deficient that such person is incapable of consent.

Statutory rape is defined at 18 Pa.C.S. § 3122 as follows:

A person who is 13 years of age or older commits statutory rape, a felony of the second degree, when he engages in sexual intercourse with another person not his spouse who is less than 14 years of age.

Forcible rape, it will be observed, is a felony of the first degree; whereas, statutory rape has been made only a felony of the second degree.

Compare these sections of the Crimes Code, then, with the definition of involuntary deviate sexual intercourse which appears at 18 Pa.C.S. § 3123.

[276]*276A person commits a felony of the first degree when he engages in deviate sexual intercourse with another person:
(1) by forcible compulsion;
(2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
(3) who is unconscious;
(4) who is so mentally deranged or deficient that such person is incapable of consent; or
(5) who is less than 16 years of age.

Specifically, it should be observed that it is a felony of the first degree to engage in deviate sexual intercourse with another person, with or without force, who is less than 16 years of age.

The testimony of the child in the instant case was as follows:

Q. What did you do when you went into the room? What happened?
A. He told me to lay down.
Q. Now Tanya, when you lay down, did you lay down? A. Yes.
Q. When you lay down, did you lay down on your stomach or lay down on your back?
A. On my back.
Q. Now Tanya, when you laid down what happened? A. He told me to pull my leg up.
Q. Did you put your legs up?
A. Yes.
Q. What happened after you put your legs up? What did Nicky do?
A. (There is no response.)
Q. Tanya, what did Nicky do after you put your legs up? A. (There is no response.)
Q. Was Nicky standing, was he sitting, was he kneeling, was he laying down, do you remember?
A. He was standing.
[277]*277Q. And did he stand the whole time you were in the room or did he do something else?
A. He did something else.
Q. What else did he do?
A. He laid down.
Q. Now, when he laid down, did he lay down on the floor or did he lay on top of some one or some thing? A. Yes.
Q. What did he do?
A. He laid down.
Q. What did he lay down on?
A. Me.
Q. Now, what did Nicky do when he laid down on you?
A. (There is no response.)
Q. Tanya, did Nicky touch you any where?
A. Yes.
Q. Where did he touch you?
A. On my butt.
Q. When you say your butt, why don’t you stand up for the Judge, and show him where you mean. Okay?
A. (Indicates) right here.
Q. Go ahead, you can sit down. Now Tanya, with what did Nicky touch you on your butt? Did he touch you with something?
A. Yes.
Q. What did he touch you with, what do you call it, what did he touch you with9
A. (There is no response.)
Q. Did he touch you with his hand?
A. No.
Q. Would you point for the Judge where it is, what thing, that is, he touched you with, where it is on Nicky. Stand up.
A. Right here.
Q. I can’t see you.
A. Right here.
[278]*278MRS. TUCKER: Turn around, the Judge has to see you, Honey.
Indicating, for the record, the pubic area.
Q. Now, Tanya, did you see Nicky, did you see the thing
that Nicky touched you with, did you see it?
A. Yes.
Q: Now, what did you do or what did you say when
Nicky touched you there?
A. I told him to stop.
Q. And what did Nicky say to you?
A. Nothing.
Q. And how long did you stay in the room, a long time
or a short time?
A. A short time.

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556 A.2d 425 (Supreme Court of Pennsylvania, 1989)
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553 A.2d 1006 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Hook
512 A.2d 718 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Rhodes
510 A.2d 1217 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Mlinarich
498 A.2d 395 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Neidig
489 A.2d 921 (Supreme Court of Pennsylvania, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
481 A.2d 610, 332 Pa. Super. 273, 1984 Pa. Super. LEXIS 5417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rhodes-pa-1984.