Bermudez

Late at night a young woman awakes and feeds her six-week-old infant. In doing so she appears nude for some time in a well lit bedroom which has no window drapes or shades. During this time she becomes aware of defendant “peeping” at her from several vantage points. She finishes feeding the baby, turns out the light and pretends to sleep. Having no telephone and no other adult within hearing distance, she does not try to get help.

Defendant, having alighted from his car to urinate in the alley, has seen her and becomes sexually aroused. He tries to enter her house but, he says, not to rape her. In one version of his actions, he tries to open the exterior doors, but fails. Soon he tries again and is able to open the front door. He transforms the fact the door is unlocked into an invitation of some kind. In a different version, he enters through a window. When questioned later he is sure he had sex in mind while watching the naked victim, but when confronted with a question concerning the nature of his intent as he made his entry into the house, his memory fades: “I’m blank on that.”

Defendant approaches the victim. He is unsure what she said when he reached her bed.…