State v. Mayers
10 A.3d 782
Md.2010Background
- Mayers was convicted by a Somerset County jury of second degree sexual offense, second degree assault, and fourth degree sexual offense for an encounter with S.C., an 18-year-old UMES student.
- The only issue on appeal is sufficiency of evidence that Mayers used force or the threat of force to commit cunnilingus against S.C.'s will.
- S.C. testified that Mayers entered her room while she was asleep, smelled of alcohol and marijuana, and forced sexual contact including oral sex and intercourse after she repeatedly said no.
- S.C. described resisting verbally (saying no multiple times) and pushing Mayers' hands away; she froze and feared contracting an STD or being forced to perform fellatio.
- The trial court denied a judgment of acquittal; the jury convicted and Mayers was sentenced to ten years with four years to serve and probation thereafter.
- The Court of Special Appeals reversed the second degree sexual offense conviction; the Maryland Court of Appeals granted certiorari to resolve sufficiency of the evidence question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of force or threat of force? | Mayers argues no force or threat proven. | State contends resistance and fear supported force/threat. | Yes; rational jury could find force/threat of force beyond a reasonable doubt. |
Key Cases Cited
- Hill v. State, 143 Md. 358 (1923) (force defined via victim's resistance; relative and factual)
- Hazel v. State, 221 Md. 464 (1960) (force may exist without violence; threats or fear may suffice)
- Rusk, 289 Md. 230 (1981) (threats of force considered against the circumstances; credibility is for fact-finder)
- Martin v. State, 113 Md. App. 190 (1996) (persuasion vs. force; credibility/attendant circumstances matter)
- Lane v. State, 348 Md. 272 (1997) (varied factual scenarios informing force/necessity of resistance)
- Johnson v. State, 232 Md. 199 (1963) (threats and coercion in sexual offenses evaluated by fact-finder)
- Giles v. State, 229 Md. 370 (1962) (threats/force doctrine in sexual crimes)
- Robinson v. State, 151 Md. App. 384 (2003) (resistance and threats evaluated in context of case)
- Rhodes v. State, 74 Md. App. 680 (1988) (armed threats and coercion analyzed in sexual offense)
- Rice v. State, 9 Md. App. 552 (1970) (entry, confinement, and coercion underlying sexual offenses)
- Blotkamp v. State, 45 Md. App. 64 (1980) (threats/force in sexual offense context)