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