Case: State v. Rusk 289 Md. 230, 424 A.2d 720 (1981)
Facts: The, Edward Salvatore Rusk, the defendant, was convicted of second degree rape and assault.
• "A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person: (1) By force or threat of force against the will and without the consent of the other person; ....”. 2
• Indictment: At a local bar, Rusk approaches Pat first, and they began talking. As identified by both parties, he willingly asks the victim for a ride, and she agrees. Not knowing the defendant that well Pat does not refuse his request. While arriving at the location, Pat is unfamiliar with the area and makes no attempt to leave. They both, however, continue to sit in the
