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State v. Rusk

The Car Keys

Citation
289 Md. 230, 424 A.2d 720 (Md. 1981)
Year
1977
Charge
Rape — Second Degree
Source
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The facts

On the night of September 21-22, 1977, the woman (21 years old) and her friend were at a bar in Baltimore's Fells Point neighborhood. The Defendant introduced himself; her friend acknowledged knowing him by first name. After talking for some time, the woman told the Defendant she needed to go home. The Defendant asked for a ride. The woman agreed because she believed her friend knew him. When they arrived at the Defendant's apartment in an unfamiliar part of the city, the woman declined his request to come upstairs. Without warning, the Defendant reached over and took the woman's car keys from the ignition. "I knew that was wrong," the woman later testified, recalling the fear she felt at that moment. She accompanied him across the street into a darkened building, up two flights of stairs, and into his one-room apartment. Once inside, the Defendant left for several minutes; the woman remained in her chair, making no noise and no attempt to leave. When the Defendant returned, he turned off the light, sat on the bed, and pulled the woman by her arms to the bed. As he undressed her, the woman became "very scared" and asked: "If I do what you want, will you let me go without killing me?" The Defendant answered yes, and the woman began to cry. The Defendant then placed both hands around her throat and "started lightly to choke" her. She complied with his sexual demands. The Defendant returned the keys afterward. The woman reported the incident to Police at 3:15 AM and led officers to the Defendant's building. The Defendant was arrested in his apartment. He denied all force and said the encounter was consensual.

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