State v. Rusk

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Facts: Pat was at a bar with her friend Terry and was asked for a ride home by Rusk, an acquaintance of Terry. Pat agreed and drove twenty minutes into an unfamiliar neighborhood. Rusk asked Pat to come up, to which she declined. Rusk reached over, turned off the car, and took the keys. He then said, "now will you come up?" At that moment Pat became scared and realized the possibility that she might be raped, but didn't know what to do. After they were in the apartment, she asked if she could go, but Rusk said he wanted her to stay. He turned off the lights, and asked her to sit on the bed with him. After pulling her over by the arms, he started undressing her. He asked her to undress herself the rest of the way and to remove his pants, and so she did. He began to kiss her, and she "was still begging him to . . . let me leave." He kept saying no. She asked him if he would let her go without killing her if she did what he wanted, at which point he started "lightly choking" her. She then asked, "if I do what you want, will you let me go?" When he said yes, she submitted to him.

Procedural History: She found a police car and reported the incident to the police that night. The criminal trial court found Rusk guilty of second degree rape. Appeals ct reversed.

Issue: Was there a real threat that would lead Pat to fear enough to not physically resist?

Arguments: The only actions on the part of the defendant were "a look." Pat truly felt fear.

Holding: There was enough to establish beyond a reasonable doubt.

Reasons: Hazel v. State says that proof of resistance is necessary.

Judgment: Reversed. D is guilty.