A Fairfax County Circuit Court jury convicted a Reston man yesterday of twice raping a 32-year-old woman, after hearing testimony that he attacked her the second time while free on bond and vowed "to do it right this time." The jury recommended a 25-year prison term for the two rapes.
Michael A. Kay, 29, stood expressionless as the court clerk announced the guilty verdicts and the jury's sentence of a five-year prison term on the first rape and 20 years on the second charge. Kay's wife, seated in the courtroom, wept openly as the jury's decision was delivered after almost three hours of deliberation.
Defense attorney Myron J. Teluk said afterward that "the verdict was inconsistent with the evidence." Teluk had argued that the woman had consented to sexual intercourse with Kay and that she fabricated the rape charges because of her religious beliefs involving extramaritial affairs.
But Assistant Commonwealth's Attorney Corinne J. Magee in her closing argument had characterized the two rapes as "the most awful set of circumstances you can imagine."
"If that's the way you do a rape right, he certainly did it," Magee told the jury.
Judge F. Bruce Bach set sentencing for Oct. 14. Under Virginia law the judge can reduce, but not increase the jury's sentence. The jury could have recommended a life prison term for the second rape conviction.
During two days of testimony, Kay and the woman offered conflicting accounts of the incidents that occurred on May 16 and July 7.
Sobbing through much of her testimony, the woman accused Kay of raping her the night of the first incident and returning July 7 after he was released on bond swearing that "if he was going to jail for what he had done, he was going to do it right this time." She testified that he then forced her into a bedroom and raped her repeatedly over a four-hour period.
Kay, testifying for almost three hours yesterday, denied that the two engaged in sexual intercourse during the first incident and said the woman consented to engage in sexual intercourse with him when he visited her at her apartment July 7.
In his closing argument, defense attorney Teluk reminded the jury that the woman testified that Kay never threatened her or beat her and that she failed to use several opportunities during the course of the alleged incidents to contact police or seek help.
"She thinks she got raped," said Teluk. "But she's just not sure whether she wanted to have a relationship with a man."
Kay and the woman had known each other for about nine months, according to testimony. Kay's wife worked as a baby sitter for the woman's four young sons. Kay, an automobile mechanic, went to the woman's house May 16 to work on her car, according to testimony.
After the woman reported the alleged rape to police, Kay was arrested and held on a $3,000 bond. He was later released on bond, but was arrested again and jailed under a $100,000 bond after the second rape charge.
The woman's four sons were in the apartment during both of the incidents, according to testimony. The woman at one point testified that she "started to scream and cry" but she also told the jury that she was afraid that she would alarm her children.
"She didn't want those boys to be involved," prosecutor Magee told the jury of six men and six women. "She was scared out of her mind. When it was over, all she could do was crawl in a little ball on her bed and cry," Magee said.