BUCYRUS—After approximately three hours of deliberation on Wednesday, a jury deciding the fate of Jason Tupps found him guilty of rape, a felony of the first degree punishable with up to 11 years in prison. The jury rendered a not guilty verdict on the charge of domestic violence, a misdemeanor.
Defense attorney James Mayer III of Mansfield did his best to convince the jury that his client was not guilty of rape.
Mayer contended that the victim, Tupps wife, set his client up. In closing arguments, Mayer told the jury: “It was a performance. She knew she had an audience. He did not.”
Mayor contended to the jury that the argument the couple had on August 28, 2021, was a normal argument, not a horrible argument as she alleged. Mayor further contended that there were two other bedrooms in the home that the victim could have retreated to instead of the marital bed.
Mayer also contended that consensual sex happened more than once after the accused rape. Mayer argued to the jury that the victim admitted to being post-menopausal and suffering from depression, anxiety, mood swings, and vaginal dryness. He showed the jury the actual lubricant that the couple purchased together to address her pain during intercourse. Mayer implied the lubricant (kept in a dresser drawer in the bedroom) was an indicator that pain during sex was a normal part of their relationship. Mayer told the jury the sex was consensual, performed in the marriage bed, and all while the lights were on.
Mayor also convincingly pointed out to the jury that there was no direct evidence of domestic violence.
Special prosecutor Drew Jacobs reiterated what he told the jury in opening statements: “ This case is about a woman’s basic human right to decide what goes into her body.”
Jacobs drove that point home by playing for the jury a compilation of every time the defendant told Jason Tupps no to sex on the night of the rape.
Over a period of 26 seconds on that tape, she is heard clearly telling Tupps a full seven times no to sex.
Jacobs played the harrowing recording of the victim crying and telling him to stop, to which he replied: “No! You promised me sex! Why did you lie? I haven’t had %^*king sex in two months. I want sex!”
Jacobs pointed out to the jury that the victim never once said yes during the attack or at any time prior to the attack when he repeatedly asked for sexual acts.
In concluding arguments, Jacobs told the jury: “Nothing in the law says that you get a free rape after two months without sex.“
After the verdict was read, visiting Judge Howard Hall ordered Tupps remanded to custody. He will be sentenced on October 31 in the Crawford County Common Pleas Court.
Crawford County Now will continue to cover this developing story.