Rusk v. State

Facts

A 21-year-old mother was out bar hopping with her female friend, Terry. They drove separate cars. At the third bar, she met Rusk.

Rusk and the woman had a five or ten minute conversation, and at the end the woman said she was ready to leave. Rusk asked for a ride home, and she agreed. When they arrived at Rusk’s home, the woman parked on the curb on the side of the street opposite his house, but did not turn off the ignition. Rusk asked her to come inside of his apartment, and she refused. He continued to ask, and the woman testified that she felt afraid at this point. Rusk took the keys out of the car, walked over to her side of the car, opened the door, and said, “Now will you come up?” She said that she would. She testified that she was scared because he had her keys and she did not know what else to do.

When they got into Rusk’s room, he said that he had to go to the bathroom and left the room for a few minutes. The woman did not attempt to leave. When Rusk came back, he sat on the bed while she sat on a chair next to the bed. Rusk turned off the light 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 that she took off her pants and removed his clothing, because he asked her to do it.

Once both undressed, the woman testified that she was still begging him to let her leave. She asked him: “If I do what you want, will you let me go without killing me?” She started to cry, and Rusk lightly choked her. She asked the question again and he said yes. She performed oral sex and then they had sexual intercourse.

After a trial, Rusk was convicted of rape in the second degree. He appealed.