Suliveres v. Commonwealth

Suliveres (defendant) impersonated his brother in the dark to have sex with his brother's girlfriend, who woke up believing he was her boyfriend and only later testified she would never have consented had she known his true identity. Suliveres was tried for rape, with the defense arguing the sex was consensual and the prosecution arguing consent was fraudulently obtained; the jury deadlocked and a mistrial was declared. Suliveres moved to dismiss the indictment, the trial court denied the motion, and he appealed.