Rusk
v. State
Court
of Special Appeals of
43
Md.App. 476, 406 A.2d 624.
Dressler,
pp. 363-368
Facts: Just what the facts are and
which facts matter are important difficulties of this case. It kind of gives me a headache.
The
defendant and victim met at a bar. The
victim agreed to give the defendant a ride home. While in the victim’s car, the defendant
asked the victim to come into his apartment and she said no. The defendant took the victim’s keys out of
the ignition and asked her again and she said yes.
Issue: Is the evidence in the
record of the case sufficient for a finder of fact to conclude that the act of
intercourse in this case was accompanied by “force or threats of force” and to thus
find Rusk guilty beyond a reasonable doubt of second degree rape?
Rule: Under the Maryland statute
at the time, the offense of second degree rape is defined as vaginal
intercourse accomplished by force or threat of force against the will and
without the consent of the other person.
Analysis:
Conclusion: The court overturns the
rape conviction. Wilner dissents.