Clay Conaway’s rape trial: Day 8

SUSSEX CO., Del. – The state and defense have rested their cases in Clay Conaway’s rape trial. But there were a few unexpected turns on Wednesday, precise changes made with a lot of consideration by the state, defense and even judge that will ultimately lead to the jury’s verdict.

On day eight of the trial, Judge Richard Stokes denied a motion of acquittal by the defense. Conaway is facing a first degree rape charge for allegedly raping a woman in June 2018 after they met on a dating app. It’s a charge the defense feels is too high to even be considered.

“I’m simply making a record that the state has failed to appropriate link up the incident with Clay, and of course there was an incident,” says Joe Hurley, one of Conaway’s attorneys.

In order to convict someone of first degree rape in Delaware the jury must find that there was no consent, physical injury was caused and there was intent. But those requirements change when second degree rape is brought into the picture.

“In second degree rape it is having sexual intercourse with another person without their consent. First degree is having sexual intercourse with another person without their consent and as a result there of physical injury is caused,” says Hurley.

But according to Judge Richard Stokes, the definition of physical injury is “substantial pain or impairment”. Substantial meaning “ample or considerable”, not necessarily “excruciating”. Judge Stokes listed the evidence provided by the state including the vaginal pain noted on the alleged victim’s medical record on June 20th and the hip strain she was diagnosed with on June 22nd. Judge Stokes ruled on Wednesday that a victim’s testimony, alone, is substantial enough evidence for the jury to reach a verdict.

Besides the defense’s motion being denied, Clay Conaway did not take the stand as was expected. His attorney says it would have bored the jury to hear Conaway’s testimony on the stand since they have already heard Conaway’s almost 40 minute long police interrogation video.

It’s also important to note that the states attorneys declined comment.

The jury will go back to Sussex County Court at 1 p.m. on Wednesday for instruction, closing arguments and deliberation.

To see coverage from day 7 of the trial: click here.