Commonwealth v. Eckrote

C.B. was arriving home from work when Joseph Eckrote leapt from his hiding place under the porch and “charged” at her.  He demanded that C.B. get in the car and forced her to do so after she refused.  Despite her yelling and struggling to get free, Eckrote was able to drive off with C.B. to a wooded area where he raped her after repeatedly telling her he was going to kill himself.  Eckroke appealed his convictions for assault, kidnapping, and rape.  The court upheld the convictions after finding sufficient evidence to support all three.  As for assault, Eckrote hid himself and attacked C.B. when she arrived home; he forcibly stuffed her into the car which resulted in bruising.  He had in the past threatened to kill C.B. after hitting her in the face.  His conduct created in C.B. fear of imminent seriously bodily injury, which, in fact, occurred.  As for the rape, the evidence supported the finding that Eckrote used psychological and physical force to compel C.B. to engage in intercourse with him.  Lastly, the evidence established kidnapping because Eckrote possessed the requisite intent to facilitate a felony—rape—when he forced C.B. into the car and transported her to the wooded area.