Rusk v. State

406 A.2d 624 (1979)

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Nature of the Case

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Facts

The prosecutrix was a twenty-one-year-old mother of a two-year oar old son. She was separated from her husband but not yet divorced. Leaving her son with her mother, she attended a high school reunion after which she and a female friend, Terry, went bar hopping. At the third bar, the prosecutrix met D. They had a five or ten-minute conversation in the bar; at the end of which the prosecutrix said she was ready to leave. D requested a ride home, and she agreed. When they arrived at D's home, the prosecutrix parked at the curb on the side of the street opposite his rooming house but did not turn off the ignition. She put the car in park and D asked her to come up to his apartment. She refused. He continued to ask her to come up, and she testified she then became afraid. While trying to convince him that she didn't want to go to his apartment she mentioned that she was separated and if she did, it might cause her marital problems particularly if she were being followed by a detective. D then took the keys out of the car and walked over to her side of the car, opened the door and said, 'Now will you come up?' The prosecutrix then told him she would. At this point, she said she was scared because D had her car keys. She testified that she didn't know what to do, she didn't even know where she was, whether to run or she should have blown the horn. She said she was scared, but she followed D into the rowhouse, up the stairs, and into the apartment. D said he had to go to the bathroom and left the room for a few minutes. The prosecutrix made no attempt to leave. When D came back, he sat on the bed while she sat on the chair next to the bed. He turned the light off and asked her to get on the bed with him. He started to pull her onto the bed and also began to remove her blouse. She stated she took off her slacks and removed his clothing because 'he asked [her] to do it.' She testified that she begged D to let her go. She stated in her testimony that she was really scared, because of the look in his eyes; and she said 'If I do what you want, will you let me go without killing me?' She started to cry; and when she did, he put his hands on her throat, and started lightly to choke her; and she said, 'If I do what you want, will you let me go?' And he said, yes, and at that time, I proceeded to do what he wanted me to.' She performed oral sex, and they then had sexual intercourse. She asked if she could leave and got up and got dressed; and he got up and got dressed; and D walked me to my car, and asked if he could see her again; and she said, 'Yes;' and he asked me for my telephone number; and she said, 'No, I'll see you down Fell's Point sometime,' just so I could leave. D was convicted of rape and assault. D appealed on the rape.