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Virginia man convicted of raping co-worker in her Seaport hotel room

A Suffolk Superior Court jury yesterday convicted Marc Gibson, 46 of Centerville, VA on two counts of rape and one count of secretly photographing an unclothed person for an incident at the Renaissance Hotel in October, 2018.

According to the Suffolk County DA's office:

Gibson was part of a group of security consultants staying at the Renaissance Hotel in October 2018. A woman in the group testified that she felt sick after dinner and drinks, so Gibson helped her to her room and into bed. Evidence showed Gibson took her keycard, returned to the room later, and forced himself on her sexually. He also took explicit cellphone photos of her without her knowledge while she was unconscious.

The woman testified that she initially tried to move her body away, but she felt scared and unable to fight the 270-pound Gibson.

Before the case went to the jury last month, it went to the Supreme Judicial Court after the judge ruled "this was insufficient evidence of violence to support a finding of forcible rape," the DA's office reports:

A single justice of the SJC ordered a temporary halt to the proceedings, and on Tuesday (Dec. 3) directed the Superior Court judge to use the standard jury instruction for rape, including a provision on force which states that "if a person submits because of fear it is not consent.’"

Gibson is scheduled for sentencing on Dec. 11.

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Comments

... judge to comprehend that "if a person submits because of fear it is not consent”?

Judges who think people’s bodies are for the taking if you’re frightening enough have no place in the justice system.

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The difference is that he was charged with 'forcible' rape. While there is a good argument that all rape is forcible, they are different. Not having seen the appellate papers, I assume that was the basis for the interlocutory appeal.

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