Former Kentucky lawmaker and Justice and Public Safety Cabinet secretary John Tilley was found not guilty of rape by a Fayette County jury on Tuesday.
A jury acquitted him after five hours of deliberation.
The 55-year-old was charged with first-degree rape in April 2022, after a woman — identified in court documents as “B.D.” — told police she blacked out after a man she didn’t know gave her an alcoholic drink while she and a friend were visiting bars in downtown Lexington.
Tilley and his attorneys claimed that the encounter was a consensual one-night stand, and Tilley made a bad decision. They argued the woman was a “willing participant” in the interaction.
Tilley’s trial began Monday, with prosecutors alleging Tilley had sex with the woman while she was too intoxicated to consent and that she was physically helpless. Police also said hotel staff identified Tilley as one of three men who can be seen on video surveillance footage leaving the Pavilion area with the woman.
Prosecutors concluded presenting evidence Tuesday afternoon. The defense did not present any evidence to the jury.
The Herald-Leader does not identify alleged victims of sexual assault.
Attorneys present closing statements
Tilley’s attorney, Steve Schroering, said in his closing statement that what happened between Tilley and the woman was “nowhere near a rape” based on the legal definition.
“Was it legally rape? Absolutely no,” Schroering said. “Physically helpless does not mean drunk. It is not against the law for two drunk people to have sex. It is not against the law for one drunk person and one really drunk person to have sex.”
Schroering reminded jurors about the definition of physically helpless, which is defined as: “unconscious, or for any other reasons, unable to communicate a willingness to act.”
He said the alleged victim was able to communicate, was seen walking with the men and was a willing participant, despite allegedly being blackout drunk. He gave examples of what would “legally” constitute rape, including: a woman being held at knife-point and brutalized behind bushes, or a man attacking a woman with her sleeping baby in the next room, who is scared to scream.
Tilley could not have known the woman was blacked out, Schroering said.
Schroering placed the blame of “how we got here” on the detective who investigated the case, Markell Heyward, calling the investigation “outrageous.”
“The consequences are ridiculous in the way this case came about,” Schroering said. “...There is not one piece of evidence in this case that shows she was not physically unable to communicate. None.”
Assistant Commonwealth’s Attorney Kathryn Schafer asserted that not only was Tilley’s alleged conduct criminal, it was “morally reprehensible.”
She agreed that the examples Schroering gave of rape were accurate — but she also argued the allegations by the woman were accurate, too. She pointed the finger at the defense and said they engaged in heavy victim-blaming by discussing her drinking.
She reminded them that the actions of the woman were not on trial, but Tilley was.
“If you are going to hold the amount of drinks she had against her, you need to hold the rape against him,” Schafer said.
What happened the night of the alleged assault
In his interview with police, Tilley recounted the events of the evening.
It was the final day of the legislative session, and he was celebrating with Chris Harris and Joseph Weidner, following what was described as a favorable outcome regarding a bill not passing related to “skill games.”
The men’s evening concluded at Stagger Inn, where Tilley said they stayed until around 2 a.m., and had a “few beers.” As they made their way back to the Marriott Hotel at the City Center, which was a short walk from the bar, Tilley recounted that a young woman approached their group. According to Tilley’s account to the police, she expressed a desire to go with them.
Tilley described the conversation quickly became flirtatious. Initially planning to stay with Harris, Tilley informed the police that upon arriving in the hotel’s lobby, he decided to secure a room for himself and the woman.
According to Tilley, they went to the room where they had sex, which he provided explicit details about during the interview.
Contrasting Tilley’s account, the alleged victim testified that the previous night, she had visited several bars with friends and received a shot of bourbon from an unknown older man — who was not Tilley — and her memory ended after this point.
In her testimony, the woman stated that she woke up the following morning alone, wearing only her socks. She emphasized to the jury, “I don’t remember anything that happened.”
Men with Tilley give different information about woman’s behavior
Harris and Weidner both testified Tuesday and gave different testimony regarding the woman’s behavior and her level of intoxication.
Harris, a longtime friend of Tilley’s, said the woman didn’t seem to stumble or stagger, but it was clear she had been drinking. He said the woman was able to communicate. Harris testified he was uncomfortable with the woman around, and once it seemed clear that Tilley was getting a room for the two of them, Harris was worried Tilley would do something he would regret.
“ That girl needs to go home! in an Uber! I will pay for it,” Harris texted Tilley. Tilley never responded.
“I s tarted becoming concerned about what would happen — not for her, but for John,” Harris said. “I didn’t want him to make a mistake about something he would regret. ... Not because the girl was unable to make decision, although she had been drinking, she seemed able to make her own decisions. She was there voluntarily.”
When the men spoke the next day, Tilley told Harris the woman slept in a separate bed and the two “just chatted” before falling asleep, according to Harris.
Weidner, who had only known Tilley a short amount of time for work, said the woman was stumbling and staggering to a point “it caused him to be concerned for her well being.” He said there was no flirtatious behavior between the two.
Weidner said he did not believe Tilley and the woman were going to have sex, but just thought Tilley was getting a room so she could sleep somewhere safely. Weidner asserted that the woman was “very intoxicated.”
Most Popular
Comments / 0