CB State v. Rusk - will you let me go? he agreed. So they...

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State v. Rusk 424 A.2d 720 (Md. 1981) Facts: Pat and Terry are two ladies who went to a school reunion. Afterwards, they bar hopped, to a total of 3 bars, each having only a slight amount to drink in each one. At the last bar, Edward Rusk approached the girls and greeted them. Pat assumed Terry and Edward were friends, because they knew each other’s name. Edward then asked for a ride back with Pat who agreed but mentioned that it was only a ride, no more. He agreed. They eventually got to Rusk apartment, and Rusk asked her to come in. (there was an issue on if Rusk took Pat’s keys). Rusk then opened Pat’s car door, and led her into his room on the 2 nd floor of the building. He went to wash up, leaving Pat alone for a few minutes. She was overcome with fear of being raped (so she says), and sat there just waiting. Edward got back, Pat eventually asked “If I do what you want,
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Unformatted text preview: will you let me go? he agreed. So they had intercourse afterwards. Pat then asked to leave, Rusk said okay. Issue: Did this constitute as a rape (second degree). Holding: Yes, there was sufficient evidence Rational: Although the courts did justify that the way he looked at me is not a reasonable evidence of force or him making her submit, the jury did have enough evidence by believing the prosecutors story. In her story there was a taking away of the keys, and from there, the fear took over, but she did not scream or run, because she was already submitted. Overturned the Court of Special Appeals reversal. Dissent: Cole, Judge The Procecutrix did not show a reasonable amount of evidence to show that she was reasonably fearful. Nothing in the evidences that showed forced to submit to sexual intercourse, certainly not fellatio....
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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