The Night Swim(67)

She told him that she had no concerns about Scott’s behavior at that point. He’d been friendly and attentive. She believed he would take her home right after they’d eaten, just as he’d promised. In the car, he suggested they eat the pizza at the beach. She wasn’t crazy about the idea, but she didn’t want to be difficult, so she agreed. He drove to a beach. Kelly had lost her bearings by then because it was late at night and very dark. She didn’t know where she was, but she knew they weren’t near town because she couldn’t see the bright lights of the marina from the stretch of beach where they sat.

“We ate pizza and listened to waves. Scott brought beer from his car. I drank a bottle,” said Kelly. “He drank two bottles. He said he didn’t have to be up at dawn to train, so he could have fun.”

“What happened when you finished eating the pizza and drinking the beer?”

“Scott told me that I was really beautiful and that he liked me a lot. And then he kissed me.”

“And did you kiss him back?”

“Yeah, I did. We made out a bit. Nothing serious. Just kissing.”

“And then what happened?”

“He put his hands under my top. I pushed them off me and said that I just wanted to kiss.”

“What did he say to that?”

“He said he didn’t bring me out there and buy me pizza and all to get a few kisses. And then he pushed me back on the ground and put his hands inside my clothes. I tried to get out from under him, but he put his weight on me. He was strong. He was kissing me and touching me and grinding into me; I couldn’t move.” Kelly paused to wipe the tears that had collected in her eyes.

“Did you say anything to him?”

“I was shocked by how he went from being nice to being aggressive. I told him I didn’t want to do anything like that. I tried my hardest to get out from under him.”

“And then what happened?”

“He tried to unzip my jeans zipper.” Kelly let out a sob. “I pushed his hand away. He sat on me and restrained my hands. He told me to stop fighting. His voice was mean. Like a snarl. I was afraid of him.”

“What did you do when he did that, Kelly?”

Kelly tried to speak, but each time the sobs overwhelmed her and she wasn’t able to say anything audible.

“Take your time, Kelly,” Alkins said gently as she gulped emotionally, unable to formulate a single sentence.

“I said to him that I wanted to go home and to please let me go home. And I cried. Kind of like I’m crying now. I begged him to take me home,” choked Kelly.

“What was the defendant’s response?”

“He told me that I’d go home when he was ready for me to go home and then he kissed me again, this time with his tongue, and he unzipped my jeans. He was strong. I couldn’t get away. Even if I did, where would I go? It was dark. I had no idea where I was. I didn’t have a phone.” Her shoulders heaved again. Tears streamed down her face.

“Could you have broken free, Kelly?”

“No, he was holding me down while he pulled off my pants Then he pushed his leg between mine.”

“And then what happened, Kelly?”

“He raped me.”

Alkins waited for Kelly to stop crying. The courtroom was silent except for the sound of her wracking sobs. Eventually, the bailiff handed her a glass of water. Kelly sipped the water, dabbed at her eyes, and nodded. Alkins took her through more questions, breaking down the rape into short, graphic details.

“Did you at any point tell him to stop? Or let him know that you didn’t want it?”

“I cried the whole time. He told me to ‘shut up.’ He knew I was crying. When he was finished he sat up and shoved a beer bottle at me. Told me to drink it. That it would make me feel better.”

Kelly said she drank the rest of the beer while he downed a fresh bottle. When they were done drinking, Scott told her that he wanted to go for a swim. “You can’t beat skinny dipping after sex,” he’d told her as he pulled her up from the sand. She swam with him in the cold rough water, terrified that he might drown her to cover up for what he’d done to her.

“When we came back to the beach, he raped me all over again.”

Rachel watched Sophia draw Scott Blair’s handsome face and pursed mouth as he listened to Kelly’s testimony. His face was impassive. His jaw was tight.

“I told him that I was bleeding. I begged him to take me home.”

“What did he say to that, Kelly?” Alkins asked.

“He said something like, ‘Not yet. I’m not done.’”

“Is it at all possible the defendant did not realize that you were not consenting to the sexual intercourse that occurred that night?”

“I told him that I didn’t want to do it. I told him over and over again. I tried to get away. I cried. I begged for him to let me go. He had to know that I didn’t want it.”

“How long did it last?” Alkins asked.

“I lost track of time. After it ended, he made me pose for a photo with him. A selfie. He put his arm around me and said, ‘Smile.’ He showed me the picture. I was naked from the waist up. He had his arms around me to cover my breasts. He texted the photo to someone and put it on Instagram.”

“What did you do?”