The Delaware Supreme Court has affirmed the rape convictions of Byron Mayhan, rejecting his appeal that challenged the sufficiency of evidence in his criminal case. The court issued its decision on Jan. 20, 2026, in *Mayhan v. State* (Del. 2026), with Chief Justice Seitz and Justices Traynor and Griffiths hearing the case.
Mayhan had appealed three of his criminal convictions stemming from allegations that he raped a female victim by forcing her to engage in oral sex at an industrial park. His legal challenge centered on Delaware's rape statutes, which require the state to prove "physical union" between the defendant's genitalia and the victim's mouth in cases involving forced oral sex.
The appellant argued that the state failed to present direct evidence of the required "physical union" during its case-in-chief, contending that the Superior Court should have acquitted him of the offenses. However, the Delaware Supreme Court disagreed with this argument and affirmed the lower court's decision.
The case arose from violent crimes that occurred on May 29, 2020, when Mayhan encountered the victim, identified as S.H., at a park in Wilmington. According to the court record, Mayhan held a knife to the victim's throat and dragged her to a secluded area within the park, referred to as "Location #1" in court documents. At this location, he vaginally raped her and forced her to perform oral sex.
The assault continued when Mayhan forced the victim to her vehicle and made her drive to an industrial park, designated as "Location #2" in the proceedings. At the industrial park, Mayhan raped her again, this time both anally and vaginally, and then ejaculated into her mouth. Following this second assault, Mayhan forced the victim to drive to another location in Wilmington, where he exited the vehicle and fled on foot.
Law enforcement arrested Mayhan approximately six weeks later on July 9, 2020. The case proceeded through the criminal justice system, with Mayhan being indicted on March 8, 2021, on multiple serious charges.
The indictment was extensive, charging Mayhan with 23 counts total, including 11 counts of first-degree rape, one count of first-degree robbery, one count of first-degree kidnapping, and one count of terrorist threatening. The multiple rape charges reflected the different acts of sexual violence that occurred at the two locations during the extended assault.
Mayhan's legal strategy on appeal focused specifically on the oral sex charges and Delaware's statutory requirements for proving rape involving oral contact. Delaware's rape statutes contain specific language requiring proof of "physical union" between the perpetrator's genitalia and the victim's mouth. Defense counsel argued that without direct evidence of this physical union, the convictions could not stand.
The Delaware Supreme Court's order, however, found this argument unpersuasive. The court stated that after "careful consideration of the parties' briefs and the record on appeal," it disagreed with Mayhan's contention that the Superior Court erred in not acquitting him of the offenses.
The case highlights important legal questions about evidence standards in sexual assault prosecutions, particularly regarding what constitutes sufficient proof of the elements required by Delaware's rape statutes. While Mayhan argued for direct evidence of physical union, the Supreme Court's affirmance suggests that circumstantial evidence and victim testimony can meet the state's burden of proof.
The decision also underscores the serious nature of the charges and the extensive criminal conduct involved in the case. The multiple locations, weapon use, and variety of sexual assaults resulted in nearly two dozen criminal charges, reflecting the severity and scope of the alleged crimes.
The case was submitted to the Delaware Supreme Court on Nov. 12, 2025, and decided just over two months later on Jan. 20, 2026. The relatively quick turnaround suggests the court found the legal issues straightforward, despite the appellant's challenges to the conviction.
With the Supreme Court's affirmance, Mayhan's convictions now stand final unless he pursues further appeals in federal court. The decision provides clarity on Delaware's evidence standards for rape prosecutions involving oral contact and reinforces that circumstantial evidence can satisfy statutory requirements when direct evidence may be unavailable.
The case serves as a reminder of the legal system's approach to serious violent crimes and the standards courts apply when reviewing challenges to criminal convictions on appeal.