People v. Phillips CA4/3

FACTS AND PROCEDURE

Defendant and the victim had recently ended a long-term relationship and

defendant moved out of the victim’s home. The victim told defendant he had some mail

at the home and gave him permission to come over to get it. On the evening of October

17, 2013, she returned home to find defendant sitting in her backyard with a half-empty

bottle of whiskey. At about 9:35 p.m., the victim called her sister to tell her defendant

was acting strangely and that she did not want him in her home. About five minutes

later, the victim went inside to use her downstairs bathroom. Defendant followed her and

entered the bathroom naked. He began to sexually assault the victim while she was on

the toilet and told her he wanted to have sex with her one last time.

The victim told defendant to stop, but he forcibly carried her into the living room

and removed her clothing. Defendant held the victim down by force and they struggled

for about two hours, both on the living room floor and after he pulled her up the stairs to

the bedroom. The victim eventually broke free and ran into her bathroom, where she

found a pair of scissors. However, noting the “possessed” look on…