People v. West CA1/5

BACKGROUND

A.

At around noon on December 2, 2014, Catherine S. went out to buy crack in the Tenderloin neighborhood of San Francisco. Although she had smoked crack earlier in the day, she was no longer feeling its effects. She met West, who said he had drugs and asked Catherine if she wanted to get high. Catherine agreed and invited West to her apartment to smoke. Catherine testified that she and West did not discuss exchanging sex for crack.

On their walk to Catherine’s apartment, West was drinking liquor. Catherine did not drink any alcohol with him, but she had consumed some earlier in the day. They entered her apartment, Catherine gave West a pipe, and he “took a hit.”

Immediately thereafter, and within five minutes of entering the apartment, West punched Catherine in the face, knocking her onto the bed. He said, “[t]ake off your clothes, bitch,” and punched her again. Catherine was a cancer survivor and had not had sex in years. Catherine told him this and that she “can’t do nothing.” West responded that she was lying and claimed he had a nine-millimeter gun. Although Catherine never saw a gun, West said several times that he would “kill” or “shoot” her if she did not…