PEOPLE V. HARRIS
2012 WL 1651015 (2012)
NATURE OF THE CASE: Harris (D) appealed a conviction of forcible oral copulation against
his wife (C.H.)
FACTS: The relationship between C.H. and D reached a critical point on March 28, 2008.
Things were not good between them and C.H. was a victim of domestic violence. She even went
to buy a gun but was required to wait 10-days. D confronted C.H. and she went to the
bathroom and used a tape recorder to record the ensuing events. D gave C.H. this ultimatum:
'You suck or get butt fucked.' While he was choking her, she chose to suck. She testified
that she relented out of fear, and to avoid the hurt from forced anal sex. During the act
C.H. indicated 'I can't breathe. I can't breathe. I'm sorry, I'm sorry, I can't breathe. I'm
sorry, I can't . . .' She pleaded, 'I don't want to be raped. Nobody deserves to be raped.'
D responded, 'I'll go get a knife downstairs if I fucking have to.' He added that she was
not dumb or confused, and he would 'be sure to carve that on [her] fuckin' head when [he
dumped her] body.' D held the back of her head as she orally copulated him. At one point, D
switched to having vaginal intercourse with her. D asked C.H. if she was going to call the
police. She said, 'No, leave me alone.' He responded, 'Great idea.' She retorted, 'If I
could survive the phone call I would have called.' D had threatened that if she did call, he
would kill her before the police arrived. Serious incidents of violence were perpetrated on
C.H. by D in 1998, 2003, 2004, 2007, and again 2007. He was actually convicted of a
misdemeanor battery in the 1998 incident. At trial, D claimed the taped incident were merely
rough sex role play. D claimed that in the unrecorded part of the role play that ensued,
C.H. pretended to be angry that d was having an affair with another woman, and held his head
as he performed oral sex on her, while he said, 'I can't breathe.' D also denied all the
other prior acts of violence over the years against C.H. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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