Hurst v. State

The issue presented in this case is whether the Circuit Court for Frederick County erred in admitting testimony that a rape victim, unconnected to the case before the court, did not consent to sexual intercourse with petitioner for the purpose of rebutting petitioner’s contention that the current complainant consented to sexual intercourse. We shall hold that the Circuit Court erred and that the testimony should not have been admitted.

I

Petitioner, Richard David Hurst, was convicted by a jury in the Circuit Court for Frederick County of first and second degree rape, first and second degree…