(Feb. 22, 2019) After about an hour of deliberation last Thursday, a Worcester County Circuit Court jury found Kyle Andrew Sterling, 30, of Salisbury, not guilty of second-degree rape and assault charges stemming from an incident reported on May 13.
Sterling was arrested last May after a woman reported being attacked while sleeping in a condo in the first block of 76th Street.
According to the police report, the woman, along with Sterling and another couple, had been drinking that evening before returning to the condo.
The woman claimed after going to sleep earlier than Sterling, she awoke between 8-9 a.m. to discover Sterling lying beside her in bed.
Police said the woman reported, “I woke up and he was inside of me.”
The woman told police she did not consent to physical contact with Sterling and pushed him off when she realized what was transpiring.
Claiming to be in shock, the victim told police she didn’t say anything as Sterling then left the room.
After conferring with friends, the woman was taken to Peninsula Regional Medical Center that afternoon at which point law enforcement was contacted.
According to the police report, the other man spoke to Sterling who allegedly claimed the victim had initiated the contact.
When police attempted to interview Sterling, he communicated through an attorney and declined to make any statement.
On May 17, Sterling was arrested on second-degree rape and assault charges and was released the following day after posting $38,000 cash and $162,000 property bonds.