Commonwealth v. Lopez
Supreme Judicial Court of Massachusetts
745 N.E.2d 961 (2001)
Relevant factsFree
A 17-year-old victim testified that Lopez (defendant) forced her to have intercourse despite her repeated refusals, while Lopez testified the encounter was entirely consensual; the trial judge refused Lopez's request for a mistake-of-fact jury instruction on consent, and the jury convicted him of rape and indecent assault and battery.
IssueFree
Whether a mistake of fact as to the victim's consent is an available defense in a rape prosecution.