This is the situation: A woman, later the criminal defendant, apparently upset with another woman for being the successful bidder on a home defendant wanted to buy, impersonated the other woman, later the victim, by advertising online for sexual partners and “invited men who responded to the advertisement to appear at the victim’s home unannounced to engage in ‘freak show’ sexual activity.” A man responded to the ad with a nude frontal photo of himself and a message; “Hey I’m 25 and new to SD and I am looking for fun! I’m tall, attractive, fun, D&D free and I aim to please! I promise I’m a nice guy and not a weirdo or pervert (at least not the bad kind). I want to spoil a lucky lady with massages, making out, lots of oral, and some great sex! I got a nice tool, and I can use it very well!” The defendant wrote back, attaching a photo of the victim, and told the man to stop by “any Monday-Friday 9am-3pm.” The man’s return message is far too gross to include here. A second man also responded to the ad and was also told to stop by during the same times. In a later message, the defendant made some very gross statements to the second man. The second man went to the victim’s home but the gate was locked. Defendant was charged with soliciting forcible rape and forcible sodomy, and the magistrate dismissed the charges. The appellate court reversed, stating: “Here, the requisite strong suspicion [defendant] intended sexual activity to be forcible is supplied by evidence [defendant] encouraged the men to surprise the victim, led them to believe the victim would be prepared to engaged in ‘freak show’ sexual activity with them immediately upon arrival, and led them to believe the victim would be pleased if they were in the same state.” (The People v. Rowe (Cal. App. Fourth Dist., Div. 1; April 4, 2014)225 Cal.App.4th 310, [170 Cal.Rptr.3d 180].)
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