ROBINSON v. STATE (2024)

MEMORANDUM DECISION

[1] On a commuter bus, Christopher Robinson sat close to 15-year-old A.S., told her he had a knife, and ordered A.S. to unbuckle her pants. When she did so, he reached his hand inside her underwear and touched between her labia. Charged and convicted of Level 1 felony attempted rape, Robinson argues the State presented insufficient evidence to show he made a threat of deadly force. We disagree and affirm his conviction.

Facts

[2] While waiting to catch her bus home from work, A.S. was approached by 43-year-old Robinson, who repeatedly asked for her phone number. A.S. did not know Robinson, but she relented after his repeated requests and gave him the number, intending to block him when she arrived home. When she boarded her bus, Robinson followed and sat directly next to her. A.S. noticed the smell of alcohol on Robinson's breath as he spoke to her, which made her nervous. Robinson's actions then escalated, becoming more sexual in nature.

[3] Robinson first asked A.S. to touch his genitals, but she refused. He then placed his hand on A.S.’s thigh and talked about them finding a place to go and be intimate together. A.S. again declined. Next, Robinson touched A.S. between her legs and over her pants, which made A.S. “really scared.” Tr. Vol. II, p. 94.

[4] Robinson eventually tried to unbuckle A.S.’s belt. When he was unsuccessful, he told A.S. that he had a knife and ordered her to do it. “Scared for [her] life,” A.S. complied. Id. at 97. Robinson then put his hand into A.S.’s pants and touched her genitals both over and underneath her underwear. This made A.S. feel physically uncomfortable and “mentally sick.” Id. at 99. Robinson removed his hand a few minutes later when the bus arrived at A.S.’s stop. A.S. got off the bus and immediately reported the incident to her family and the police.

[5] After a bench trial, Robinson was convicted of Level 1 felony attempted rape. He now claims the State presented insufficient evidence to support his conviction.

Discussion and Decision

[6] When reviewing the sufficiency of the evidence to support a criminal conviction, we consider only the probative evidence and reasonable inferences supporting the verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We neither reweigh the evidence nor judge the credibility of the witnesses, and we will affirm the conviction unless no reasonable factfinder could find all elements of the crime proven beyond reasonable doubt. Id.

[7] To convict Robinson of Level 1 felony attempted rape, as charged, the State was required to prove beyond a reasonable doubt that Robinson: (1) knowingly or intentionally, (2) took a substantial step, (3) to compel A.S. to submit to sexual conduct, (4) by threatening the use of deadly force. Ind. Code § 35-41-5-1(a) (attempt statute); Ind. Code § 35-42-4-1(b)(1) (rape statute).¹ Robinson claims the State failed to prove he threatened the use of deadly force. We disagree.

[8] The record contains evidence that A.S. rejected Robinson's repeated and escalating sexual advances. He touched her anyways, then told her he had a knife and ordered her to unbuckle her belt. A.S. testified that she inferred Robinson's statement to mean: “[I]f you don't unbuckle your pants, I'm going to do something with this knife.” Tr. Vol. II, p. 117. She believed Robinson had a knife and was “scared for [her] life,” so she complied with his order. Id.

[9] Robinson claims the foregoing evidence is insufficient to show he threatened the use of deadly force because he made no explicit threats to A.S. But explicit verbal threats are not required when it can be reasonably inferred from the circumstances that an attacker is willing to use a weapon or inflict injury. See Lewis v. State, 440 N.E.2d 1125, 1127 (Ind. 1982) (finding threat of deadly force based on reasonable inference that attacker would use knife, though he made no verbal threats when he showed knife and ordered victim unbutton her pants).

[10] Robinson was also not required to brandish a weapon to make a threat. See Zollatz v. State, 412 N.E.2d 1200, 1202 (Ind. 1980) (finding threat of deadly force where victim testified that defendant ordered her to perform sex act “or he would pull a knife” on her, though no knife was seen); see also Coleman v. State, 490 N.E.2d 325, 327 (Ind. 1986) (finding weapon need not be displayed to constitute threat).

[11] A trier of fact could reasonably conclude that when Robinson told A.S. he had a knife and ordered her to unbuckle her belt, he took a substantial step toward compelling A.S. to submit to sexual conduct by threatening the use of deadly force. Robinson's argument to the contrary is merely a request for this Court to reweigh the evidence, which we will not do. Craft v. State, 187 N.E.3d 340, 345 (Ind. Ct. App. 2022).

[12] Affirmed.

FOOTNOTES

1.   The State did not charge Robinson with Level 1 felony attempted rape while armed with a deadly weapon under Indiana Code § 35-42-4-1(b)(2).

Weissmann, Judge.

Vaidik, J., and Foley, J., concur.