Defendant was indicted on one count of sodomy in the first degree. According to the complainant, she met defendant at his place of business, ______ Auto Sales, to discuss a consignment sale of her friend's vehicle. Thereafter, in order to deliver the keys to the car, she met defendant at _________ parking lot in the Town of _______, _________ County. Once given the keys, defendant sought directions to a dirt road in that vicinity to cover paint left on the tires of the newly painted truck he was driving and seeking to sell. After he proceeded to confuse her directions, defendant asked if he could follow her vehicle onto the dirt road she described. Once she explained that her vehicle would be damaged by the road conditions, he asked her if she would ride with him and show him the way. Agreeing to do so after moving her car to a more appropriate parking area, the complainant testified that it took at least 10 minutes before defendant drove to the parking lot where she was waiting. Upon his arrival, she noticed that all advertisement stickers were removed from defendant's truck.

 

The complainant testified that, after getting into the truck, defendant appeared to know where he was going. She testified that he turned up _______ Street and thereafter drove the truck down ________ Hill Road, which eventually turned into a dirt road. The complainant recounted that at some point she heard the truck's engine "die". She stated, "Oh, my God, don't tell me [the truck] died all the way out here", to which defendant responded, "No, it didn't die. It died for a reason." Upon hearing these words, the complainant testified that she feared for her safety. She described that her heart was pounding, her mind was racing and she was trying to think of someplace to go. She noticed that there were trees to her right, a hill on her left and that she was out in the middle of wilderness.

 

The complainant further testified that defendant moved toward her and put his hand between her thighs. Her immediate response was to tell him that she was menstruating so that he would not take off her clothes. Instead, she told him that her birth control device was causing her to spot bleed. Although defendant removed his hand in response, he thereafter stated that he expected "to get something out of this" and, according to the complainant, unzipped his pants and exposed his erection. He then pushed on the back of her neck and forced her head onto his penis. She testified that her heart was still pounding and her mind racing to devise an excuse so that he would let her go. She testified that she explained to defendant that she had to return to her friend's house since he was watching her children, but that he just pushed her head down a second time. She testified that she did not physically or verbally fight with defendant because she was afraid that he might have a weapon. She testified that she suggested to defendant that they "reschedule". This attempt only partially worked because defendant told her that she could "finish [her] job on the way home".

 

On the way back down _______ Hill Road, defendant again pushed the complainant's mouth on his penis. Now, the more she resisted, the harder defendant squeezed and pushed her neck. She testified that at this point, defendant kept his hand on her neck and pushed her head up and down. The complainant further testified that he hurt her and that she had fingerprints on her neck as a result of the incident. Defendant thereafter drove her back to where she parked her car.