Defense says woman consented to sex acts

Suspect, accuser met through Craigslist

Friday, Nov. 20, 2009

The Charles County trial of a man charged with brutally sexually assaulting a woman who had advertised "erotic services" online began Wednesday with the defense arguing the encounter was consensual and a prosecutor saying the defendant threatened the victim with a gun.

Kelvin Cousar, 37, of District Heights found the woman on Craigslist, the online service for classified advertisements, and paid her $200 to massage him and give a lap dance April 12, according to court papers and testimony. However, after the agreed-upon session was completed, Cousar allegedly told the woman he wanted to "get freaky" and pulled out a gun to force her into compliance, said Charles County Deputy State's Attorney Anthony B. Covington during his opening arguments.

At one point, Cousar even shoved the weapon into the woman's mouth, and he repeatedly threatened to kill her, Covington said.

"And then he has his way, all without consent," he said.

Eventually, Cousar left the Waldorf Master Suites Hotel, and the victim drove away, visiting the hospital later that day. A detective with the sheriff's office tracked down Cousar using a cell phone number that he'd given the victim, according to Covington.

But just because the sex acts happened doesn't mean they were criminal, argued defense attorney John Pikulski.

"Don't judge Mr. Cousar because of his tastes. … Judge him on the state's charges against him and nothing else," Pikulski said to jurors during his opening argument.

In his statement to the jury, Pikulski said the victim didn't go directly from the Waldorf motel to the get help, but drove around and then went home before heading to the hospital.

A medical examination didn't find any evidence of trauma, he said, and the woman has given different accounts of her meeting with Cousar.

In addition, the woman admitted she had "been under the influence" of drugs the day of the alleged assault, according to the defense attorney.

"What it's going to come down to in this case is testimony," Pikulski said. "There's not going to be much else to go on other than what she says, other than what he says."

Although Cousar's attorney argued that force wasn't involved in the encounter between Cousar and the victim, Covington said evidence will show the defendant in February assaulted another woman in a similar way.

"That's what he does. That's what he did in April, and that's why we're here today," the prosecutor said.

Cousar is charged with 16 criminal counts, including first-degree sex offense and using a handgun in a violent crime, according to court records.

The trial lasted through Thursday. Cousar testified in his own defense late Thursday afternoon, too late to be included in this report. Observers expected the case to go to the jury today.

brodgers@somdnews.com