Rusk v. State

A 21-year-old woman was out bar hopping with her friend. They drove separate cars. At the third bar, she met the defendant. Defendant asked for a ride home, and she agreed.

When they arrived at defendant’s home, the woman parked on the curb on the side of the street opposite his house, but did not turn off the ignition. Defendant 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. Defendant 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 testified that she was scared because he had her keys and she did not know what else to do, so she agreed and went inside of his apartment. When they got into defendant’s room, he said that he had to go to the bathroom and left the room for a few minutes. She did not attempt to leave. When defendant came back, he sat on the bed while she sat on a chair next to the bed. Defendant 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 begged 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 defendant lightly choked her. She asked the question again and he said yes. She performed oral sex and then they had sexual intercourse.

Defendant was convicted of rape in the second degree. He appealed, arguing that the intercourse was not accompanied by force or threats of force.