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Mistrial Declared in Condom Rape Trial

July 14, 1993

WASHINGTON (AP) _ A jury deadlocked Tuesday in the case of a man accused of raping a woman who asked him to wear a condom she provided him, and the judge declared a mistrial.

Jawad Elamri, 31, smiled and laughed outside District of Columbia Superior Court after the jury of 11 men and one woman said it could not reach unanimous verdicts on rape, sodomy and weapons possession charges in 3 1/2 days of deliberations.

After Judge Herbert Dixon declared a mistrial, the jury reported that its final vote was 10 for acquittal and two for conviction.

According to testimony about the April 1992 incident, Elamri met the alleged victim at a downtown Washington bar, and invited her to have a drink at a nearby restaurant where he was a manager.

At this point, their accounts differ.

The alleged victim testified that, once inside the closed restaurant, she was raped by Elamri at gunpoint. But Elamri, who testified that he had never touched a gun in his life, said the woman consented to sex.

The prosecution maintained that the woman asked Elamri to wear a condom for fear of contracting the AIDS virus. She provided the condom.

The defense argued that the woman’s actions indicated that there was ″implied consent″ to sex.

But one juror, James Altes, told reporters that the condom ″was not an issue. Among other things, it was not raised as an issue by either the defense or the prosecution to any great extent. But it also wasn’t something that we thought was an issue either way.″

″We’re confident that if they retry this thing that a jury will come back and acquit him,″ defense attorney Ferris Bond said.

The alleged victim did not speak to reporters after the mistrial was declared. Prosecution attorneys could not be reached by telephone.

Two other condom rape trials that attracted nationwide attention, in which the woman provided a condom to her attacker, ended with convictions.

In May, a Texas jury sentenced a man to 40 years in prison in a case in which the woman asked her attacker to wear a condom. In New Jersey, a jury convicted a man in May, and he faces up to life in prison at sentencing next month.

In both cases, the women were attacked by men who broke into their homes.

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