State Vs Rusk Case Study

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State v. Rusk, 424 A.2d 720 289 (Md. Ct. App. 1981)
On September 1, 1977, Pat and Edward Rusk met at a bar. The two became acquainted while having drinks. Sometime between 12:00 A.M and 12:20 A.M. Pat and Rusk left the bar together. Rusk casually had asked Pat while inside the bar which direction she going, as he needed a ride to his apartment. Pat and Rusk did not know one another prior to their encounter at the bar. During Pat’s trial testimony, she suggested that she had given Rusk a disclaimer that she was only giving him a ride home and nothing more would come of it.
During the ride to Rusk’s apartment it was alleged that Rusk had asked Pat multiple times to come to his apartment, each time Pat declined. However, after arriving at Rusk’s apartment and parking across the street from the apartment, engine still running, that Rusk decided to turn the engine off and take the keys. It was at this time that Pat said she became fearful of what Rusk might do to her. Once Rusk had the keys, Pat alleged that he asked again if she would now come up to his apartment. In Pat’s mind according to her testimony, she feared that she would be raped by Rusk. Pat alleged that the way he looked at her and told her to come up to his apartment that she gave in to his request out of fear.
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Pat alleged that the two engaged in sex because she was fearful of what he may do to her. After Pat complied with the requests of Rusk’s sexual acts she was able to get her keys to leave and Rusk walked her to her car. Pat then claimed to ponder the possibilities of what could have happened to her at the hands of Rusk, if she didn’t report the rape; so she did. As a result of Pat’s complaint, Rusk went to trial and was found guilty of second-degree rape in the Criminal Court of

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