State v. Stevens
| Decision Date | 22 August 2002 |
| Docket Number | No. 01-422.,01-422. |
| Citation | 2002 MT 181,311 Mont. 52,53 P.3d 356 |
| Parties | STATE of Montana, Plaintiff and Respondent, v. Harold Lee STEVENS, Defendant and Appellant. |
| Court | Montana Supreme Court |
Richard R. Buley, Tipp & Buley, Missoula, Montana, For Appellant.
Mike McGrath; Attorney General; Mark W. Mattioli, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, County Attorney; Suzy Boylan, Deputy County Attorney, Missoula, Montana, For Respondent.
¶ 1 Harold Lee Stevens appeals from the Fourth Judicial District Court's judgment of conviction of three counts of sexual intercourse without consent and three counts of sexual assault. We affirm in part, reverse in part and remand for proceedings in accordance with this opinion.
¶ 2 The following issues are presented on appeal:
¶ 3(1) Was the evidence before the jury sufficient to sustain the convictions of sexual intercourse without consent?
¶ 4(2) Was the evidence before the jury sufficient to sustain the convictions of sexual assault?
¶ 5(3) Did the District Court err in admitting testimony regarding whether the victims believed Harold Lee Stevens' actions constituted a crime and their subsequent emotional distress?
¶ 6 Harold Lee Stevens (Stevens) operated a massage business in Missoula, Montana. He advertised his business as HLS Massage, or "Healing Life's Stress." Stevens performed massages on a massage table in a small room in which only his clients and he were present. Stevens displayed his massage training diploma and business license in the room.
¶ 7 After escorting his female clients to the massage room, Stevens would routinely hand them a sheet and step outside while they undressed. Some clients chose to fully undress while others would wear their undergarments. All would cover themselves with a sheet. Stevens would then knock on the door, ask the client if she was ready and, if so, he would enter the room. The lights in the massage room were low, and Stevens played soft music during the massage. Some clients covered their eyes with a small eye pillow. Stevens' clients testified at trial that they sought massages for relaxation, stress relief, or to treat their physical injuries or ailments.
¶ 8 Prior to beginning the massage, Stevens typically asked his clients if there were any problem areas of the body upon which he should focus. Also, before or during the massage, Stevens sometimes requested that his clients tell him if he did anything they did not like. However, very little other conversation or "small talk" occurred during the massage. The massage usually commenced with the clients lying on their stomachs, and then, at Stevens' request, they would turn over onto their backs for the remainder of the massage.
¶ 9 On May 11, 1999, the State filed an Information charging Stevens with three counts of sexual intercourse without consent, three counts of misdemeanor sexual assault and one count of witness tampering. Subsequently, the State filed an Amended Information charging five counts of sexual intercourse without consent, one count of attempted sexual intercourse without consent, five counts of misdemeanor sexual assault and one count of witness tampering. The case proceeded to trial on November 27, 2000.
¶ 10 At Stevens' trial, Darlene testified that she sought a full-body massage from Stevens. She testified that she specifically told Stevens that she believed this entailed everything except her breasts and genitals. She admitted, however, that she did not remember making this statement to the police and a private investigator after the incident. After the first massage, Darlene felt comfortable with Stevens, and she made a second appointment for the next morning. The night before the second massage, Darlene took a Tylenol PM and was still "sleepy" when she arrived for the massage.
¶ 11 During the first part of this massage, while laying on her stomach, Darlene fell asleep. Although she woke up when Stevens asked her to turn over onto her back, she fell asleep again as Stevens continued. She awoke a second time when she felt the sensation of something inside her vagina. She opened her eyes and saw Stevens laying on top of her sucking on her breast. His fingers were inside of her vagina. Stevens had taken off his shirt and he had an erection. Darlene noticed that the sheet that had been covering her was set aside on a table. After a few seconds, when Darlene realized what was happening, she put her hand on Stevens' forehead and pushed him back. Upon her request, Stevens handed her a towel and left the room. After leaving, Darlene went to the emergency room and reported the incident to the police. The jury convicted Stevens of committing sexual intercourse without consent against Darlene.
¶ 12 Erin testified that she received several massages from Stevens. She had confidence in Stevens, and she referred others to him. During her last massage with Stevens, she stated that she stayed awake while lying on her stomach. Although she was awake and aware of her surroundings, she was numb and almost asleep. After she turned over onto her back, she fell asleep, but awoke when Stevens moved to another section of the massage table. Erin was not concerned or uncomfortable when she first awoke. She stated that she was awake, but in a "total relaxed state."
¶ 13 Soon thereafter Stevens started massaging Erin's breasts and nipples. She was aware of, and remembered, Stevens' actions and that Stevens did not threaten her. Nevertheless, Stevens' behavior surprised her and her body and mind "froze." Stevens put his hand inside Erin's underwear and rubbed her clitoris, penetrating the outer lips of her vagina. Stevens proceeded to lick her nipple, thigh and vagina. All of the touching lasted approximately 10 minutes. Erin stated that Stevens' actions made her feel "horrible," but her mind and body were frozen and she was scared to do anything to stop him. The touching stopped after Stevens asked if what he was doing was okay, and Erin responded, "no." At that point, Stevens got off of the table, quickly finished the massage and then left the room. As she was leaving, Stevens asked Erin if she wanted this type of behavior to happen again. Erin responded that she did not, but that she would return "just because [she] wanted to get out of there." Erin contacted the police a few hours later. The jury concluded Stevens committed sexual intercourse without consent against Erin.
¶ 14 Jody testified that she received massages from Stevens for a sciatic nerve injury. She thought Stevens was very professional and thorough, and, over time, she increasingly trusted and felt comfortable with Stevens. She testified that during these massages she would not fall completely asleep, but she would be "in a very far away place."
¶ 15 At her last massage with Stevens, he proceeded with the massage as usual. Jody testified that during the massage, she fell into a deeply relaxed "dream state" or "sleep rem stage." She stated that she wore an eye pillow. At one point, Stevens, as was customary, asked Jody to inform him if he did something she did not like. Jody understood this question to mean that she should tell Stevens if he caused pain to a muscle during the massage.
¶ 16 After Jody turned onto her back for the second portion of the massage, Stevens began to massage her breast area and her nipples. Jody stated that she was aware of the sensation of Stevens massaging her breasts, and she stopped breathing. Stevens then kissed her stomach, and she became "glued to the table." She "came out of the dream state" and Stevens was between her legs. Jody stated that Stevens proceeded to penetrate the outer lips of her vagina with his tongue. She also testified that, immediately after the incident, she was unsure if Stevens penetrated her vaginal canal.
¶ 17 Although she was afraid, Jody did not respond to Stevens' actions initially in order to avoid confrontation with him and a possible further attack. After a few moments, Jody said, "this isn't a good idea," and Stevens stopped, jumped off of the massage table and apologized. Stevens finished the massage and left the room. Jody reported the incident to the police the next day. The jury convicted Stevens of sexual intercourse without consent against Jody.
¶ 18 Jennifer testified that she received massages from Stevens on two occasions. During the first massage, Stevens was very professional, and she felt comfortable with him and began to trust him. As a result, she sought Stevens' services a second time. The second massage began with her lying on her back, and Stevens massaged her breasts for about ten minutes. He then massaged her pubic and buttocks areas without touching her vagina. She stated she did not agree with Stevens' actions and felt angry and disgusted with herself for not leaving, but she did not voice her concerns because she "just wanted out and wanted to go home where [she] felt safe." Jennifer reported the incident. The jury convicted Stevens of sexual assault against Jennifer.
¶ 19 Elizabeth testified that she received massages from Stevens several times. She felt comfortable with Stevens, trusted him and entered a "relaxed state" while Stevens performed massages. During her last massage with Stevens, he asked Elizabeth to tell him if he did anything that made her uncomfortable. She thought the question was "completely out of the ordinary" and "alarming."
¶ 20 Shortly thereafter, Stevens, breathing heavily, began rubbing and pinching Elizabeth's nipples. She felt Stevens' erect penis against her upper arm. Elizabeth stated Stevens' actions took her by surprise. Stevens then peeled back the sheet covering Elizabeth and pressed his hand on her pubic area and put his fingers between her legs without penetrating her vulva. Elizabeth, believing Stevens might rape...
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...at any given moment is largely a question of fact for the jury to decide.” (Internal quotation marks omitted.) State v. Stevens, 311 Mont. 52, 59, 53 P.3d 356 (2002); see also, e.g., Dabney v. State, supra, 326 Ark. at 384, 930 S.W.2d 360;Perez v. State, 479 So.2d 266, 267 (Fla.App.1985); S......
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...at any given moment is largely a question of fact for the jury to decide." (Internal quotation marks omitted.) State v. Stevens, 311 Mont. 52, 59, 53 P.3d 356 (2002); see also, e.g., Dabney v. State, supra, 326 Ark. 384; Perez v. State, 479 So. 2d 266, 267 (Fla. App. 1985); State v. Tapia, ......
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