Clay Conaway rape trial: Day 9

SUSSEX CO., Del. – Week two of Clay Conaway’s rape trial is almost over. On Thursday, the court room was packed when the jury arrived at 1 p.m. for instruction and closing arguments.

During jury instruction Judge Richard Stokes explained the 1st degree rape charge that Clay Conway faces. In order to be convicted of first degree rape the jury must find that there was sexual intercourse, there was no consent, physical injury was caused and there was intent.

But then Judge Stokes explained the jury can also consider the lesser charges of 2nd degree rape or 4th degree rape. For 2nd degree rape, the same criteria as 1st degree applies except the jury does not need to find physical injury. For 4th degree rape, the jury must find evidence of sexual penetration, not intercourse, and that there was no consent.

Conaway’s attorney tells 47 ABC that all these options might make things harder for the jury, “A judge’s function is to follow the law and even if the parties don’t ask for something he has an obligation to say, ‘Hey wait a minute we’re going to use this because it fits’. And it does. So you don’t object to it because he’s right. I personally think the more choices you have the harder it is to get them to just fasten on one thing,” says Joe Hurley, Conaway’s attorney.

The state took about 30 minutes to deliver their closing arguments while the defense took almost two hours. Both sides took the time to point out inconsistencies in the other’s evidence, to give the jury all the information they should need to reach a verdict.

There will be six separate trials, one for each of Conaway’s alleged victims because the judge believes it’s important to determine whether they gave consent in each case. Conaway was charged with first and second degree rape, among others, back in September 2018. He has pleaded not guilty to the almost 10 charges against him.

For coverage of day 8 of the trial: click here.