A Hall County jury is tasked with determining the extent — or lack — of consent in the case of a Gainesville man charged with rape and kidnapping.
Prosecutors assert Stanley Brown, 53, took by force the 45-year-old accuser and raped and sodomized her at an abandoned house on Travis Drive.
Brown is charged with eight counts: rape, aggravated sexual battery, aggravated sodomy, kidnapping with bodily injury, kidnapping, false imprisonment, aggravated battery and battery.
“Is this the face of consent?” Assistant District Attorney Zach Smith asked the jury, holding a photo depicting a bruise underneath the accuser’s eye. “We’ve got DNA and a face that is not a face of consent.”
Attorneys faced a hectic schedule Wednesday and witness no-shows caused by inclement weather as they sought to conclude the trial in Hall County Superior Court.
The defense has not disputed that a sexual encounter took place on July 26, 2012, but said the encounter was consensual.
Brown’s attorney Senior Public Defender Larry Duttweiler said the prosecution was asking jurors to take the accuser’s word with its inconsistencies and lack of corroborating evidence, and that the nature of their relationship contradicted an alleged assault.
“It’s a six-year on-again, off-again relationship. When it’s off, it’s because he’s out of town. When it’s on, it’s on,” he said. “They were doing what they did on a regular basis. ... He didn’t need to kidnap anybody.”
The state’s evidence over the three-day trial included testimony from the alleged victim, an investigator and medical examiners.
“There’s not a shred of evidence (she) ever said, ‘Yes, I’ll go with you’ ... not once,” Smith said.
With Georgia Bureau of Investigation agents unable to commute to court, the defense and prosecution agreed to admit DNA evidence the agents had analyzed, which showed Brown’s DNA in the accuser’s rape kit examination.
Superior Court Judge Bonnie Oliver dismissed the jury after closing arguments to beat potentially icy road conditions.
Jurors reconvene today for deliberations.