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Commonwealth v. Sherry

(1982)

Massachusetts Supreme Judicial Court - 437 N.E.2d 224, 386 Mass. 682

tl;dr:

The defendant need not have actual knowledge that the victim does not consent in order to be convicted of rape/sexual assault.

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ICRAIssue, Conclusion, Rule, Analysis for Commonwealth v. Sherry

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Facts & HoldingCommonwealth v. Sherry case brief facts & holding

Facts:The victim was forced into a bathroom at a party...

Holding:The court held that her verbal protest was sufficient. The...

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Commonwealth v. Sherry | Case Brief DeepDive
Majority opinion, author: Liacos, J.
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The defendants were convicted of unaggravated rape against a registered nurse victim and sentenced to imprisonment. They appealed their convictions and the denial of their posttrial motions, claiming that the trial judge made several errors. However, the court found that the evidence was enough to allow a rational jury to infer the essential elements of the crime and persuade them of guilt beyond a reasonable doubt. The victim's lack of consent was demonstrated through her honest and real resistance, and the prosecutor's cross-examination of a witness and use of a written communication that contradicted her previous statement did not warrant a mistrial. The victim's fresh complaint of rape to several persons was admissible to corroborate her testimony, and the judge correctly concluded that the prosecutor's comments during closing argument did not warrant a mistrial.

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Commonwealth v. Sherry

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