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Commonwealth v. Sherry

Massachusetts Supreme Judicial Court

437 N.E.2d 224 (1982)

Relevant factsFree

Three physicians (defendants) took a woman from a party against her wishes, drove her to another town, and each had sexual intercourse with her; she testified she did not physically resist because she felt numbed and thought they were initially just "horsing around," and felt humiliated and disgusted throughout. The physicians claimed she consented and requested a jury instruction requiring the jury to acquit unless it found the physicians had actual knowledge of her lack of consent; the trial court refused that instruction, and the jury convicted all three of rape.

IssueFree

Whether (1) the prosecution must establish that a rape victim physically resisted to prove lack of consent, and (2) a defendant's mistaken belief that the victim consented is a defense to rape, regardless of whether the mistake was reasonable.

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