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State v. Ludwick2/13/2004
Judgment: Affirmed.
. Appellant, Steven M. Ludwick, appeals the judgment entered by the Ashtabula County Court of Common Pleas. Ludwick was convicted of four counts of rape, adjudicated a sexual predator, and sentenced to a cumulative prison term of twenty years.
. Ludwick was playing in a recreational league softball game on Saturday, May 28, 2000. One of his friends, Erica Gammon ("Erica"), went with the victim, an eighteen-year-old female, to watch appellant play softball. Ludwick was temporarily living with Erica in her trailer. However, Ludwick testified that they were not in a boyfriend-girlfriend relationship. The victim was also a friend of Erica's, but she had never met Ludwick prior to the softball game.
. After the softball game, the victim rode with Erica back to her trailer. Appellant and Brett Hague ("Brett"), Erica's neighbor, also arrived at the trailer. At some point, the group decided to drink alcohol. The victim gave Ludwick money to purchase beer, and Ludwick and Brett went to the store and bought a twelve-pack of beer. Brett also brought a bottle of liquor from his home.
. Ludwick, Brett, and the victim were primarily drinking the beer. Erica became heavily intoxicated from drinking liquor. In an effort to sober up Erica, the victim drove Erica to McDonald's to get some food. During this time, the victim allegedly told Erica that she thought Ludwick was cute.
. At some time in the afternoon, Ludwick's two young children were also at the trailer. Eventually, Ludwick drove the children to their mother's residence, which was very close to Erica's trailer. The victim rode with Ludwick on this trip. She testified that Ludwick acted normal during this trip.
. The victim testified that Erica became very drunk and got into a fight with Ludwick. Ludwick decided to leave and offered the victim a ride home. The victim accepted the ride, because she did not have a vehicle and Erica was too intoxicated to drive. Ludwick took Erica's car, because his vehicle did not have proper registration. Ludwick stated he had permission to take Erica's car. However, Wendy Gammon, Erica's sister, spoke to Erica after Ludwick left and, then, called the police and reported the vehicle was taken without permission.
. The victim testified that Ludwick asked her if she wanted to take a walk on the beach to talk. She agreed. On the beach, the victim stated that Ludwick attempted to kiss her. When she refused his advances, he threw her down on the sand. He removed her clothes and started to have vaginal sex with her. Next, he ordered her to perform oral sex on him. This was followed by more vaginal sex. Thereafter, Ludwick engaged in anal sex with the victim. The victim testified that this was painful, and when she screamed out in pain, Ludwick hit her in the mouth. She testified that Ludwick instructed her to insert her finger into her vagina and her rectum. She complied with this request, because she was afraid of what Ludwick would do to her if she refused. She testified that he engaged in vaginal sex with her again. The two saw a light, and the victim stated that Ludwick placed a handful of sand into her mouth and instructed her to swallow it. She did swallow some of the sand. Then, Ludwick again ordered her to perform oral sex on him, and she complied.
. The victim testified that all the sexual acts were nonconsensual. She stated Ludwick threatened her throughout the incident, telling her that he had an uncle who would kill her and her family if she told anyone what happened. He further threatened her, saying she would end up in Lake Erie with a concrete block tied to her. She also revealed that Ludwic
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