Commonwealth v. Eckrote
12 A.3d 383
| Pa. Super. Ct. | 2010Background
- Eckrote, the appellant, was convicted after a jury trial of kidnapping, rape by forcible rape, robbery of a motor vehicle, and simple assault.
- A final protection from abuse order was in effect on May 17, 2008, when the victim C.B. arrived home and Eckrote hid under a deck.
- Eckrote forcibly restrained C.B., grabbed her car keys, and directed her to enter the vehicle.
- He rammed C.B. into the vehicle, wedged her, and thereafter sexually assaulted her in the vehicle.
- Eckrote threatened self-harm and repeatedly asserted a desire to kill himself during the incident, while C.B. resisted and attempted to defend herself.
- The medical evidence showed semen and seminal fluid consistent with C.B.’s account; the trial court sentenced Eckrote to 14–28 years’ imprisonment plus probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for simple assault | Eckrote contends insufficient proof. | Commonwealth argues evidence shows intent to cause injury. | Sufficient evidence established intent and fear of bodily harm. |
| Sufficiency of evidence for rape by forcible compulsion | Eckrote claims no forcible compulsion proven. | Commonwealth proved psychological and physical coercion. | Forcible compulsion established beyond a reasonable doubt. |
| Sufficiency of evidence for kidnapping | Eckrote argues no intent to facilitate a felony. | Commonwealth showed intent to facilitate rape (a felony). | Evidence supported kidnapping with intent to facilitate a felony. |
Key Cases Cited
- Commonwealth v. Bullick, 830 A.2d 998 (Pa. Super. 2003) (sufficiency review and standard for verdict support)
- Commonwealth v. Hargrave, 745 A.2d 20 (Pa. Super. 2000) (standard for proving elements beyond reasonable doubt)
- Commonwealth v. Swerdlow, 431 Pa. Super. 453, 636 A.2d 1173 (1994) (circumstantial evidence suffices if evidence links to crime beyond reasonable doubt)
- Commonwealth v. DiStefano, 782 A.2d 574 (Pa. Super. 2001) (doubts resolved in favor of verdict unless no probability of fact)
- Commonwealth v. Richardson, 431 Pa. Super. 496, 636 A.2d 1195 (1994) (reiterates that lack of consent alone not enough for rape by forcible compulsion)
- Commonwealth v. Polston, 420 Pa. Super. 233, 616 A.2d 669 (1992) (factors showing intent to injure may be circumstantial)
- Commonwealth v. Chmiel, 536 Pa. 244, 639 A.2d 9 (1994) (outline of sufficiency standards in criminal cases)
- Commonwealth v. Ruppert, 397 Pa. Super. 132, 579 A.2d 966 (1990) (degree of force in rape contexts varies with circumstances)
- Commonwealth v. King, 786 A.2d 993 (Pa. Super. 2001) ( kidnapping requires intent to facilitate a felony)
- Rhodes, Commonwealth v. Rhodes, 510 Pa. 537, 510 A.2d 1217 (1986) (forcible compulsion includes moral/psychological coercion)