People v. Radunovic, 35 N.Y.2d 865 (1974)
In New York, a conviction for rape requires corroborative evidence of “forcible compulsion” that is independent of the complainant’s testimony.
Summary
The New York Court of Appeals reversed the defendant’s conviction for rape in the first degree, along with related convictions for possession of a weapon and unlawful imprisonment. The court held that the prosecution failed to provide sufficient corroborating evidence of “forcible compulsion,” an essential element of the rape charge, as required by the then-applicable Penal Law. The evidence presented, including proof of prompt complaint, the complainant’s emotional state, and a bruise on her back, was deemed insufficient because it either pertained to consent rather than compulsion or lacked independent verification separate from the complainant’s testimony.
Facts
The defendant was convicted of rape in the first degree, possession of a weapon as a felony, and unlawful imprisonment. At trial, the prosecution presented evidence of prompt complaint, the complainant’s distraught emotional state, and a bruise on her back to corroborate the element of “forcible compulsion” required for the rape conviction.
Procedural History
The defendant was convicted at the trial level. The Appellate Division affirmed the conviction. The case was appealed to the New York Court of Appeals.
Issue(s)
Whether the prosecution presented sufficient corroborative evidence, independent of the complainant’s testimony, to establish the element of “forcible compulsion” necessary for a conviction of rape in the first degree under the applicable provisions of the Penal Law.
Holding
No, because the evidence presented either pertained to the issue of consent rather than forcible compulsion or lacked independent corroboration apart from the complainant’s testimony.
Court’s Reasoning
The Court of Appeals reasoned that under the then-applicable provisions of the Penal Law (§§ 130.35, 130.15), a conviction for rape in the first degree required corroborative evidence of “forcible compulsion.” The court found that the evidence presented by the People was insufficient to meet this requirement. Specifically, the court stated, “The proof of prompt complaint and distraught emotional state on the part of this complainant might go to an issue of consent, but would not tend to establish ‘forcible compulsion’ as that term is defined (§ 130.00, subd 8).” The court also noted that the only evidence of a bruise came from the complainant and her mother’s testimony about being shown “a bruise on her back” without further description or location provided. Because this evidence was not independent of the complainant’s testimony, it could not satisfy the corroboration requirement. The court emphasized that corroboration must be independent of the victim’s account to ensure the reliability of the conviction. The court reversed the convictions for possession of a weapon and unlawful imprisonment because they were factually dependent on the rape conviction.