David C. Heidelberger was convicted before a jury of two counts of intrafamilial sexual abuse, two counts of kidnapping and of incest. All the charges arose from his forcible rape of a 16-year-old female relative, as a result of which she became pregnant and underwent an abortion.
Heidelberger, 41 years old, lived in a trailer house on 1-1/3 acres of land on the back end of a 40-acre tract. The victim, 16 years old, lived with her mother in the main house on the front part of the tract.
On the Friday preceding the kidnapping and sexual assault, the victim, her sister and the sister’s baby son went to appellant’s trailer house to look at toys and clothes appellant had picked up at work. When they arrived, found him dressed in women’s clothes. Heidelberger begged them to tie him up and spank him. The victim told Heidelberger that he was “crazy, sick” and the sisters and the baby left.
The following Sunday morning, the victim was lying in her bedroom when she heard someone come into the house. She got up and went to the kitchen to see who it was. When she got to the kitchen, she found Heidelberger with a plastic garbage bag in his pocket. There was no one else in the house at the time; her mother was at church. Heidelberger appeared nervous. While they talked, Heidelberger asked her for some directions. When she pointed with her hand, Heidelberger put a handcuff on her wrist and then asked her for her other hand. She refused and tried to pull away, whereupon Heidelberger punched her in the stomach with his fist. She gave him her other hand and he handcuffed her hands behind her back.
Heidelberger took the victim into her bedroom, threw her on the bed, removed the garbage bag from his pocket and started to put her clothes in the bag. He told her he was making it look as if she had run away. Heidelberger said he was doing this because she had made fun of him a couple of days before. He took off her shorts, put a gag in her mouth, blindfolded her and took her outside to his car. As he was putting the clothes in the car, she attempted to run away but he caught her and punched her in the ribs with his fists. He then put her in the trunk of his car, closed the trunk and drove to his trailer house.
When they arrived at his house, he brought her to a pigpen near his trailer and took off her blindfold. Heidelberger put the victim in the pen with the pigs and said, “Let them smell you; you deserve to be with the pigs.” She was still handcuffed and gagged. Heidelberger then took her out of the pigpen and brought her into the trailer house. He put her on the living room floor and threatened her with a knife, saying that she was going to die, that he was going to cut her stomach open and feed her to the pigs, or that he would seal her in a 55-gallon drum. She knew that there were such drums in the junkyard on the property. While making these threats, appellant placed the knife under her chin. She was “scared to death.”
Heidelberger removed her underwear, pulled her shirt over her head and raped her on the floor while she was still handcuffed. When the (rape) was finished, the victim asked Heidelberger how he could do such a thing to his sister. Heidelberger cried and said he was sorry and that if she did not tell anyone she could have anything he had. Heidelberger gave her her clothes, removed the handcuffs and drove her home. The entire incident lasted between 45 minutes and an hour.