Raven Ryon Lovings v. State

376 S.W.3d 328, 2012 Tex. App. LEXIS 6761
Court of Appeals of Texas·Decided August 14, 2012·No. 14-11-00406-CR, 14-11-00407-CR·Published·Cited by 25 cases

Opinion

OPINION

JEFFREY V. BROWN, Justice.

Appellant Raven Ryon Lovings was charged with aggravated sexual assault in two causes. A jury found him guilty of the lesser included offense of sexual assault and the trial court sentenced him to ten years’ confinement in both causes, to be served concurrently. On appeal, Lov-ings contends (1) he was egregiously harmed by the trial court’s failure to include the applicable statutory definitions of “without consent” in the jury charge; and (2) the evidence is insufficient to convict him in either cause because the evidence “conclusively establishes reasonable doubt as to the complainant’s lack of consent.” We affirm.

I

In January 2009, the complainant was staying with her family at the Reed Motel when she met Lovings, who was dating the complainant’s sister. Lovings came to the motel to see the complainant’s sister, but she was not there. While Lovings waited for the complainant’s sister to return, he engaged in pleasant conversation with the complainant and her mother in their room. The complainant knew Lovings only as “Raven.” At some point, the complainant’s mother asked Lovings to drive the complainant to a store to run an errand for her. Lovings agreed, and he and the complainant got in Lovings’s car. At that point, their versions of events sharply differ.

According to the complainant, she had been “chilling out” and getting high with two men just before she met Lovings. She admitted she was using drugs heavily at the time, and she and the two men had shared a cigarette laced with PCP. When the men wanted to follow the complainant into her motel room, she refused to let them inside. Lovings later told her he had made the men leave. The complainant thought Lovings seemed like a nice guy, so when her mother asked Lovings to drive her to the store, the complainant agreed. As they drove, however, Lovings repeatedly asked the complainant to go to his house. The complainant refused. They began to talk about getting some drugs, and the complainant directed him to a house where they could buy some. After arriving at the house, Lovings gave the complainant $10 for cocaine. She went in, purchased the cocaine, and returned to the car.

As Lovings and the complainant continued on their way, they were talking and “all of sudden” arrived at Lovings’s house. The complainant refused to go in with Lovings, so he went in alone. After a minute or so, Lovings came back out to the car and asked the complainant to come in and help him look for his marijuana. She agreed, thinking she would not be in the house long. Lovings immediately went to his bedroom and began “hitting” the cocaine. The complainant sat on the edge of the bed. Lovings asked the complainant if she wanted to “hit” the cocaine, and she said, “No, I’m not hitting that because you might think I’m here to do something with you and — no.” Lovings told the complainant, “It’s not like that,” and so she agreed to “hit” the cocaine with him.

After they used the cocaine, the complainant told Lovings they needed to leave, but Lovings hit the complainant and said, ‘You’re not going nowhere ... get your ass back on that bed.” Fearing for her safety, the complainant did as Lovings told her. The complainant then saw a knife on the dresser. In an attempt to protect *331 herself, she grabbed the knife and “went for him in his chest area.” They wrestled over the knife, and Lovings eventually overpowered the complainant. As the complainant tried to hold onto the knife, she pulled on the sharp edge and. cut her finger “wide open.” The knife broke in half.

Lovings wrestled the complainant to the floor and put his foot on her neck. He began hitting her, yelling, “bitch ... you tried to stab me.” Lovings threatened to kill the complainant if she did not get on the bed and take her clothes off. Fearing for her life, the complainant complied, and Lovings began raping her. Lovings first sexually assaulted the complainant vaginally, and then he turned her around and sexually assaulted her anally. The complainant pleaded with Lovings to stop because it hurt, but he told her to “shut up” as he continued to rape her.

Throughout these attacks, Lovings continued to beat and threaten the complainant. At one point Lovings threatened to call other men over to gang rape the complainant; at another point, he threatened to put her in the trunk of his car. The complainant was afraid and believed him. Lovings would not let the complainant out of his sight while he was awake, and when he slept he kept his arm around her so that she could not leave. The complainant tried to sneak away, but he awoke and began hitting and sexually assaulting her again. The complainant’s face began to swell from the blows.

The next day, the complainant told Lov-ings she was pregnant and needed to get something to eat, but Lovings would not let her leave. He also refused to let her call anyone. The complainant repeatedly asked him to take her to get something to eat, and around noon he finally agreed to take her to McDonald’s. Lovings gave the complainant a sock with which to wrap her finger, but he refused to let her put her underwear or jacket on. Although the complainant had a can of mace in her jacket, she was afraid to try to - use it because her earlier attempts to defend herself had been unsuccessful.

When Lovings and the complainant left the house, the complainant ran from him and tried to get the attention of people nearby. Lovings pulled up to the complainant in his car, but she refused to get in. Instead, she ran down the street, crying and screaming for help. The complainant went inside a convenience store where a stranger helped her get change to call the police. An ambulance arrived and took the complainant to the hospital.

At the hospital, the complainant told Officer Raul Yzquierdo of the Houston Police Department what had happened to her. The complainant also recounted the assaults to the hospital personnel and she was given a sexual-assault examination. About a month after the complainant was released from the hospital, Yzquierdo picked her up and drove her to a police station, where he showed her photographs of possible suspects. The complainant identified Lovings as her assailant.

Lovings did not testify at trial, but the prosecution presented to the jury a lengthy video statement he made to Yzquierdo and Sergeant Brian Harris. The jury heard Lovings explain that he went to the Reed Motel to wait for his girlfriend, the complainant’s sister, with whom he had plans that evening. He prevented the two men who had been with the complainant from entering the motel room she was sharing with her mother and sister. The two men told him they each had given the complainant $20 of “powder” and she had agreed to have sex with them. After the men left, Lovings visited with the complainant and her mother while waiting for the complainant’s sister to ar *332 rive. He was drinking. The complainant’s sister kept coming in and then going outside and driving off with other men. Lovings grew increasingly upset and drank too much. The complainant wanted him to take her to get more “powder” and he told her she had already had enough.

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Raven Ryon Lovings v. State, 376 S.W.3d 328, 2012 Tex. App. LEXIS 6761 (Tex. Ct. App. 2012).

376 S.W.3d 328 (Raven Ryon Lovings v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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