State v. Huss
223 N.C. App. 480
N.C. Ct. App.2012Background
- Defendant Huss appeals judgments based on jury convictions for first-degree kidnapping, second-degree sexual offense, and second-degree rape; second-degree rape conviction was arrested while sentencing occurred for kidnapping and sexual offense.
- Victim and defendant met in fall 2006; victim was director of an after-school program, defendant a martial arts instructor; they began a romantic relationship after a self-defense class.
- In May 2007 they planned to meet at defendant’s home; defendant videotaped the encounter without informing the victim.
- According to the victim, the sexual encounter involved coercion and restraint; defendant claims it was consensual with prior BDSM-like conduct.
- Defendant was arrested August 1, 2007; trial began July 28, 2011; verdicts on all counts; judgment arrested on the rape conviction; sentences were 71–95 months concurrent for kidnapping and sexual offense.
- Court reverses the trial court’s judgments on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Physically helpless element in rape/sexual offense | Huss | Victim not physically helpless; evidence insufficient | Victim not physically helpless; reversed related counts |
| Evidence of restraint vs. rape theory | State | Restraint evidence insufficient for kidnapping | Insufficient proof of restraint as separate from rape; reversed kidnapping count |
| Trial closing arguments intervention | State | Trial court should have intervened ex mero motu | Not addressed due to partial reversal; held issue not dispositive |
| Jury instruction on lack of consent for physically helpless rape | State | Lack of consent instruction required for physically helpless | Plain error not preserved; court partial reversal |
Key Cases Cited
- State v. Atkins, 193 N.C. App. 200 (2008) (physically helpless includes personal attributes rendering active resistance unlikely)
- State v. Joines, 66 N.C. App. 459 (1984) (physical disability/support in determining helplessness)
- State v. White, 307 N.C. 42 (1982) (indictment must prove intended felonious act; particular intent element)
- State v. Rose, 339 N.C. 172 (1994) (standard for reviewing denial of dismissal; light most favorable to State)
- State v. Fritsch, 351 N.C. 373 (2000) (de novo review of motion to dismiss; substantial evidence required)
- State v. Scott, 322 N.C. 350 (1988) (use of force evidence supports rape by force)