Md. Court of Appeals reinstates sex offense conviction of man

December 22, 2010|By Andrea F. Siegel, The Baltimore Sun

The state's top court on Wednesday reinstated a sexual offense conviction of a man accused of forcing an Eastern Shore college student into a sex act.

The Court of Appeals ruled a Somerset County jury could conclude that the woman telling Jason Mayers "no" and shoving him away to no avail during the earlier parts of a 2003 sexual encounter was enough evidence for a conviction of a second-degree sex offense. The woman had testified that she was frozen with fear and stopped resisting in the latter parts of the sex acts.

A divided Court of Special Appeals had thrown out the conviction while upholding other convictions stemming from the earlier parts of the sexual encounter. The majority said that was because the woman did not resist during the latter part of the encounter.

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