Rhodes v. State

MOYLAN, Judge. The appellant, Mark Terrance Rhodes, was found guilty in the Circuit Court for Montgomery County by Judge William C. Miller, sitting without a jury, of 1) first-degree rape and 2) battery. The appellant does not appeal from the battery conviction in any way. Upon this appeal, he raises the single contention: That the evidence was not legally sufficient to show the use of force and absence of consent necessary to sustain a conviction for rape.

We find no merit in the appellant’s contention. The primary flaw is that the appellant confuses appellate argument with jury argument. In this case, the appellant argues that there were implausibilities in the victim’s story, that there was no physical trauma, that the victim failed to seize opportunities to escape from the presence of the appellant before the rape took place, and finally that the victim did not run screaming to make an immediate com ⁶⁸² plaint after being released by the appellant. All of this, of course, goes to the weight of the evidence and the credibility of the witnesses, matters which are within the exclusive competence of the fact finder and are of no concern to appellate review.

Even from the point of view of the fact finder, moreover, the appellant inappropriately assumes that the tell-tale characteristics of “stranger-rape,” frequently accompanied by savage and gratuitous violence, would necessarily be present in cases of “acquaintance-rape” or “date-rape.” Such is clearly not the case. The appellant and the victim in this case had known each other as acquaintances from attending the same P.T.C. Career Institute in Silver Spring. They had known each other at least one week prior to the rape. The appellant had given the victim rides home on at least three occasions.

They had exchanged telephone numbers and she had even given him a “friendship ring.” They had made tentative plans to.get together socially over the weekend of August 3-4, 1985, but, through a failure in communications, did not make contact. On the critical day of August 6, 1985, they made contact at about 1 P.M. in the lunchroom. The victim accompanied the appellant outside, where an argument ensued and the appellant slapped the victim twice. Although the appellant was acting in a very aggressive manner, the victim testified that she thought she could handle the situation and did not break off the contact.

In the appellant’s car, they drove to the appellant's apartment. The victim voluntarily entered. The appellant directed someone else who was in the apartment to leave. The two continued to argue, with the appellant becoming increasingly more aggressive.

At one point, he threatened to knock the victim out of . the window. The appellant partially disrobed. He pulled out a handgun and threatened to blow the victim’s “fucking brains out.” It was at that point that he ordered her to undress. She kicked him, ⁶⁸³ whereupon he warned her that he would “break [her] fucking leg” if she kicked him again.

According to the