California, United States of America
The following excerpt is from People v. Lightner (In re Lightner), A153588, A156236 (Cal. App. 2019):
The court's finding is supported by the evidence. Doe testified that defendant raped her and then a "cooling off period" ensued during which she put her pants back on. Defendant intercepted Doe when she tried to move to the bathroom and pulled her back to the couch. He subsequently began stroking his penis, stood at the side of the couch where Doe sat, grabbed the back of her head, and put his penis in her mouth. When Doe accidentally bit defendant after about 30 seconds, he hit her on the side of the face and yelled at her. Defendant then pushed Doe down on the couch and raped her. A reasonable judge could have concluded that between the second and third offenses, a break occurred during which defendant had the time to slap and yell at Doe, thus affording him a reasonable opportunity to reflect on his actions. (See People v. Garza, supra, 107 Cal.App.4th at p. 1092].)
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