RUSK v. STATE
Court of Special Appeals of Maryland, 1979 43 Md. App. 476, 406 A.2d 624
Edward Rusk-Defendant-Appellant
Author: O.I. Falusi

FACTS: Defendant met the victim at a bar, the victim gave the defendant a ride how, when they got to defendant's house, defendant asked the victim to come in with him...She said no, defendant confiscate her car key, then victim went inside the tenement of defendant with him. When inside the apartment, defendant went to the bathroom but victim did not try to escape, he came back, turned off the light and asked victim to take off her clothes, she refused, defendant insisted, and the victim later took of her clothes...she then again asked him to let her go, he refused....and she finally said "if i do what you want would you let me go"...he said yes, she then proceeded to have oral and sexual intercourse with him.

PH: defendant was convicted of rape in the second degree and of assault....he appealed NOT the assault conviction but the RAPE conviction. He contended that there were enough evidence to prove he is guilty beyond reasonable doubt.

ISSUE: Whether evidence is sufficient enough beyond reasonable doubt to conclude quilt of rape.

HOLDING: No

ROL: Force is an essential element of the crime of rape and to justify a conviction, the evidence must warrant a conclusion either that the victim resisted and her resistance was overcome by force or that she prevented from resisting by threats to her safety.

REASONNING: It is legally insufficient to warrant a conclusion that defendant's words or actions created in the mind of the victim a reasonable fear that if she resisted, he would have harmed her, or that faced with such resistance, he would have used force to overcome it. And the 'LIGHT CHOKING' that victim alluded to was brought out at oral argument that it could have been a heavy caress

*****very bad case in my own opinion