Guilty Verdict in Rape Case
After emergency motion to SJC restores standard jury instruction
BOSTON, December 6, 2019 — A Suffolk County Superior Court jury yesterday found a Virginia man guilty of raping a co-worker in her Seaport District hotel room. This verdict followed District Attorney Rachael Rollins filing an emergency motion to the Supreme Judicial Court requesting the restoration of the model rape jury instructions after the trial judge stated he would be instructing the jury in a manner prosecutors contended was unjust and unfair to the rape victim.
“This Office will always protect our victims and survivors. I am grateful for the work of our trial and appellate team, the jury, and the SJC for immediately remedying a potentially faulty and fatal jury instruction,’’ said DA Rollins. “The terror and fear experienced during a sexual assault is exhibited differently by each survivor. The SJC has now made clear what many survivors already know: submission due to fear is never consent. We are grateful that an attempt to impose a different, unreasonable standard was thwarted and a rapist will now be held accountable.”
“I especially want to thank Assistant District Attorney Myriam Feliz and Victim Witness Advocate Nicole Crosta for their hard work in holding this perpetrator accountable. ADA Feliz objected to the judge’s proposed jury instruction and appeals ADA Benjamin Shorey then filed an emergency motion with the SJC as closing arguments were about to begin last month.’’
The jury deliberated for about eight hours over three days before convicting MARC GIBSON, 46, of Centerville, Virginia, of two counts of rape and one count of secretly photographing an unclothed person.
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. The presiding judge stated this was insufficient evidence of violence to support a finding of forcible rape. The judge further explained that he intended to use his own jury instruction - rather than the standard version authorized by the SJC - to inform the jury that they could convict Gibson only if they found that the victim was too intoxicated to consent.
ADA Feliz objected and the matter was presented to a single justice of the SJC on Nov. 26, 2019. 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, who will be sentenced on Dec. 11, 2019, is represented by Rachel Grijalvo and David Leon.
Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options. Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found at www.janedoe.org/find_help/search.
In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. BARCC provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk County District Attorney’s Office victim witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.
Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.