Hazel V. State Case Study

On the evening of September 21, 1977, the alleged victim in the case, known as Pat, was out at a high school alumni function, where she met up with several friends. They decided to go to Fells Point to have a few drinks. While en route, Pat stopped to phone her mother who was watching her child to inform her that she would not be out much longer. Once at Fells Point, they went to the bar and had approximately one drink. Pat and her girl friend, Terry, walked two blocks to an additional bar. This is where Pat met the defendant, Edward Rusk. A conversation ensued between the two of them. It was reported that their conversation covered the subject of them both being separated from their spouses and having children. Rusk is reported to have asked Pat for a

By definition, second-degree rape is defined as “a person is guilty in the second degree if the person engages in vaginal intercourse with another person by force against the will and without the consent of the other person” (Brody & Acker, 2010, p. 257). Edward Rusk was found guilty of second degree rape by a jury of his peers. Through his attorney, Rusk filed an appeal through Court of Special Appeals which reversed the conviction. The Court of Special Appeals concluded by an 8-5 majority that in view of the prevailing law as set forth in Hazel v. State, insufficient evidence of Rusk’s guilt had been adduced at the trial to permit the case to go to the jury” (Rusk v. State, 1981). The issue at hand was whether there was sufficient evidence presented to prove beyond a reasonable doubt that the intercourse was by force or threat of force and against the will of the victim. The Court of Special Appeals used the case of Hazel v. State, at which time they concluded that Pat in this case, did not demonstrate reasonable apprehension or fear of harm. The Court concluded that just “having a look in his eyes” did not warrant or justify a conviction of rape (State v. Rusk,