State v. Shamsid-Deen

379 S.E.2d 842, 324 N.C. 437, 1989 N.C. LEXIS 305
CourtSupreme Court of North Carolina
DecidedJune 8, 1989
Docket367PA88
StatusPublished
Cited by47 cases

This text of 379 S.E.2d 842 (State v. Shamsid-Deen) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Shamsid-Deen, 379 S.E.2d 842, 324 N.C. 437, 1989 N.C. LEXIS 305 (N.C. 1989).

Opinions

WHICHARD, Justice.

Defendant was convicted of the first degree rape of his daughter and sentenced to life imprisonment. We find no error.

The State’s evidence, in pertinent summary, showed the following:

The victim, defendant’s twenty-year-old daughter, testified that during the first week of August 1983 defendant called her at work and told her he wanted to talk things over and reconcile their relationship. The victim initially refused to see him, but defendant repeated that he “would be a different person” and “just wanted to talk things out” with her. She then agreed to have dinner with him. He picked her up from work and took her to a restaurant. Defendant told the victim that he was sorry for the trouble and embarrassment he had caused her in April 1983. The two had not been on speaking terms since April. After dinner they sat in the car in the parking lot of the restaurant and talked [439]*439further. The victim fell asleep in the car because she had risen that morning at 4:00 a.m. in order to be at work at 5:00 a.m.

The victim testified that when she awoke she and defendant were out in the country in a wooded area. Defendant was on top of her trying to pull her pants down. He pulled her out of the front seat and pushed her into the back seat of the car. Defendant told the victim she was “going to give him some” or he would kill her. He picked up a gun from the floor of the car and pointed it at her. This scared the victim so that she “let him do what he had to do.” Defendant touched her breasts and vagina, then inserted his penis in her vagina. Afterwards, defendant drove the victim back to her car.

The victim did not report the incident to the police. Later that month or the next the victim talked to her younger brother on the telephone. As a result of that conversation the victim became very upset and contacted the social services department. Personnel from the department then contacted the police regarding the rape.

The victim testified that defendant had forced her to submit to his sexual advances since she was five years old. When she was five defendant began fondling her genitals. When she turned nine defendant began having intercourse with her approximately once a week. As she grew older the intercourse occurred almost daily. Defendant threatened the victim with guns, knives, and beatings if she resisted him. Defendant hit the victim with his fists many times when she rejected his overtures.

The victim testified that she left home to go to college in Greensboro. While she lived in the dormitory defendant often sent her letters, flowers and candy, and he called her daily. He visited frequently and asked her to go off with him. The victim tried to avoid defendant by not answering telephone calls or messages. She did have intercourse with defendant more than one time in her dormitory room.

Defendant visited the victim in April 1983 at her dormitory. Defendant told her he wanted to be with her, which she interpreted to mean he wanted to have sexual intercourse with her. The victim refused and left the dormitory to go to a party. She saw defendant again later that evening in the parking lot of a [440]*440fast-food restaurant. The victim was sitting in a car with her boyfriend when defendant pulled up beside them in his car. Defendant told her to get out of the car because he wanted to talk to her. She went to his car and sat in the passenger seat with her feet outside the car. Defendant called the victim various pejorative names and hit her in the face. She laughed and told him she hoped he enjoyed it because it would never happen again. The two exchanged words and defendant hit her in the face again, then reached in the back seat and got a gun. He told the victim “he would blow [her] f-king head off.” Defendant pulled the victim out of the car and “stomped” on her, bruising her legs and bursting her eardrum. After this incident defendant continued to call, leave notes on the victim’s car, and attempt to visit her. The victim dropped out of school soon after this and moved in with one of her sisters in another city.

The victim testified that she had been pregnant four times between 1980 and 1983. Each pregnancy was the result of sexual intercourse with defendant, and each pregnancy was terminated by abortion. Defendant arranged and paid for three of the four abortions. The victim paid for the last abortion because she was not on speaking terms with defendant.

The victim’s twenty-nine-year-old sister (Sister A)1 testified that defendant is her father. She testified that the victim told her about the incident with defendant in early August 1983. Sister A testified that she married at age eighteen and left home. Defendant would come to visit her in her apartment while her husband was at work. If she refused to open the door, he would keep knocking until she became embarrassed and let him in. Once inside, defendant physically would force her to have sexual intercourse with him. Sister A testified that it did not take much force because she was so accustomed to having him force her to have intercourse. Her father had been beating her to force her to submit to intercourse since she was nine years old. Defendant stopped visiting her and forcing her to have sex after she threatened to tell her husband. She was pregnant once while in [441]*441junior high school and suffered a miscarriage. She terminated another pregnancy by abortion.

The victim’s twenty-seven-year-old sister (Sister B) testified that defendant is her father. She married and left home at age eighteen. Defendant formerly visited her in her apartment during the daytime while her husband was at work. Defendant would tell her to “give him some,” then take off her clothes and have intercourse with her. If she resisted, he would grab her by the arm and shove her to the floor. Sister B was afraid of defendant because he had choked her to force her to submit to intercourse in the past. Before Sister B married, defendant pulled a knife on her and told her he would rather see her dead than with somebody else. Thé last time he came to her apartment she took off her shoe and beat him with it. After that, defendant’s overtures ceased.

Sister B testified that the victim told her about the incident in August 1983 shortly after it happened. The victim told Sister B that defendant had a gun with him and had persuaded the victim to go to dinner with him because he said he wanted to reconcile their relationship. Sister B testified that defendant had used a similar ruse with her once, then took her to a motel room and attempted to have intercourse with her.

One of defendant’s daughters (Sister C) and one of his sons (Brother A) testified on his behalf. Sister C testified that she attended college in Greensboro during the time the victim was a college student. The sisters saw each other almost daily. Sister C remembered the April 1983 incident because she had been at a sorority banquet that evening. The victim’s boyfriend called Sister C from the fast-food restaurant after the altercation, and Sister C went to see the victim. The victim said she and defendant had fought because he wanted to take away her car. The victim said, “I’m going to get him if it’s the last thing I do.” Sister C saw her father later that evening and he said he tried to take away the car because the victim was driving without insurance. Defendant then took the license plate off the car.

Sister C testified that the victim never told her about the August 1983 incident.

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Bluebook (online)
379 S.E.2d 842, 324 N.C. 437, 1989 N.C. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-shamsid-deen-nc-1989.