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Court of Appeals of Maryland - 424 A.2d 720, 289 Md. 230
Tags: Criminal law, Rape
tl;dr:
Force or threat of force sufficient to sustain a rape conviction can include disallowing the victim to leave and making her afraid.Video Summary
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The Court of Special Appeals overturned Edward Rusk's conviction of second-degree rape due to insufficient evidence. The case involves determining whether the evidence presented was legally sufficient to prove beyond a reasonable doubt that the intercourse was non-consensual and involved force or threat of force. The reviewing court should determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Lack of consent can be established through proof of resistance or proof that the victim failed to resist due to fear. Fear of death or serious bodily harm, extreme fear, or fear that overpowers the victim's mind are necessary to establish lack of consent. The Court of Special Appeals held that a reasonable apprehension of fear was necessary to establish the elements of the offense under Hazel, where the victim did not resist. However, the Court did not find the evidence legally sufficient to demonstrate the existence of a reasonable fear that overcame the victim's ability to resist.
The dissenting opinion in the case of Edward Salvatore Rusk agrees that there was insufficient evidence to convict him of rape. The legal definition of rape in Maryland requires unlawful carnal knowledge of a female without her consent and against her will through force or the threat of force. Evidence of force or threats must be provided to prove rape in Maryland. Fear of harm due to circumstances such as being alone in a remote location or the appellant's larger size is not equivalent to force without evidence of force. Lack of consent must be strictly demonstrated, and threats must be sufficient to excuse the victim's failure to resist. The court held that some resistance or a good reason for not resisting must be shown. Fear induced acquiescence may still be considered non-consent if it is based on something substantial, such as a reasonable apprehension of death or severe bodily harm. However, in the absence of evidence of force or threat, the charge of rape was dismissed as the government failed to prove a case of rape. The defendant's conviction for rape was overturned because the State failed to prove the essential element of force beyond a reasonable doubt.
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