On the evening of September 22, a middle aged woman left work at Evanston Hospital where she was employed as a practical nurse and arrived at her high-rise apartment building shortly after midnight. She and a neighbor entered one of the building’s two elevators and rode to the seventh floor, where the neighbor disembarked. The woman continued upward in the elevator until it suddenly stopped at the 13th floor. As she was attempting unsuccessfully to open the elevator door, a voice coming from the top of the car instructed her to stand still and remain quiet or “they would blow my fucking brains out.”
As ordered by the voice, she emptied the pockets of her white uniform (a two-piece pantsuit), her jacket, and her purse (which included a driver’s license, cigarette lighter, identification cards, and a $10 bill). She was then told to disrobe, to tie her blouse around her eyes, to unscrew the single light bulb which had illuminated the car, and to stand facing the corner of the elevator. After she had complied with these instructions, the door opened and a young male entered the car. He told her to lie on the floor and then inserted his penis into her vagina and had intercourse with her for approximately three minutes. A second male then entered the car and had intercourse with her for about four minutes. After whistling was heard emanating from the hallway, both males left the car as if they were responding to a signal. She then heard a voice shout,
“Lady. I will help. Are you going to call the police?” When she replied that she would not do so, the voice stated that if she pulled a panel back she would find a button which would open the elevator door. After opening the door, she dressed and retrieved the contents of her purse, but the lighter and $10 bill were missing. Thereafter, she ascended to her 15th floor apartment, where she told her daughter that she had been raped and the police were then called.
Police found out that on September 22 between 10 p.m. and midnight Rodney R., Robert M. and Jerome G. were riding on top of the elevators in the building across the street from where they lived; that each elevator was controlled by two switches on the top of the car, one of which stops the elevator and the other opens and closes the door; that shortly after midnight a woman wearing a white nurse’s uniform and carrying a purse and jacket entered the elevator; that Robert stopped the car on the 13th floor and asked her whether she had any money; that when she denied having any, Robert directed her to open her purse in which he Jerome G. saw a wallet and a cigarette lighter but could not see whether there was any money in the wallet; that Robert ordered her to disrobe which she did and Robert then asked whether he could engage in sexual intercourse with her; that she replied,
“Yeah. You don’t have to rape me; I’ll give it to you”;
that Robert then got off the elevator, climbed to the floor above, walked down to the elevator door on the 13th floor, and was admitted into the car by Jerome G. who was working the controls from the top of the car; that Robert searched through the contents of her purse, from which he took her lighter and, when she again said she was willing to allow intercourse, Robert unscrewed the light bulb and remained there in silence; that after a period of time, Jerome G. returned to the top of the car; that Rodney and Jerome G. then went down to the 13th floor and were admitted to the car by Robert; and that Jerome G. remained in the corner while Rodney engaged in sexual intercourse with the woman, following which the three youths left the building.
Months after, the trial court believed the words “Yeah. You don’t have to rape me; I’ll give it to you” was a statement of coerced cooperation precipitated by fear that her life may have been in danger had she failed to render such cooperation, so Rodney R., Robert M. and Jerome G. were judged guilty of rape.