Commonwealth v. Fischer
Superior Court of Pennsylvania
721 A.2d 1111 (1998)
Relevant factsFree
Fischer (defendant) and the victim disagreed sharply about a second encounter in his dorm room: the victim testified he locked the door, restrained her, and forced oral sex despite her repeated refusals, while Fischer testified she initiated it and that he stopped once she said she didn't want to continue; Fischer was convicted and, with new counsel, argued on appeal that trial counsel was ineffective for failing to request a mistake-of-fact jury instruction.
IssueFree
Whether mistake of fact that a victim consented to a defendant's sexual conduct is a defense to the crime of involuntary deviate sexual intercourse.