People v. Rackley CA3

FACTS

Rape of C.M. (Counts 1-3) On June 22, 2011, C.M. was working as a prostitute on Watt Avenue in North Highlands. Around 10:30 p.m., defendant pulled up in a red pickup truck and told her to “get in.” C.M. complied. Inside the truck, defendant agreed to pay $100 for sex, “basically a quickie,” with the understanding he would have to wear a condom. C.M. then directed defendant to a nearby location to perform the agreed-upon sex act, but they both decided the location was too crowded. Defendant said he knew of a better place and drove to a secluded parking lot on Roseville Road. After they parked, C.M. said she would “get naked” as soon as she received her “donation.” Without responding, defendant “jumped” on C.M., pulled her shorts down to her “mid thigh area,” and “placed [her] into like a pretzel shape [with her] legs above [her] neck,” holding her in that position with one hand as he penetrated her anus and vagina with the other hand. Defendant told C.M. she was “dirty and disgusting,” among other insults. He then informed her that “he wouldn’t pay for it anyways” and inserted his penis into her vagina without a condom. Without consenting to have sex with defendant, C.M.…