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Commonwealth v. Lopez

433 Mass. 722, 745 N.E.2d 961 (2001)

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Commonwealth v. Lopez

Supreme Judicial Court of Massachusetts

433 Mass. 722, 745 N.E.2d 961 (2001)

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Facts

A 17-year-old girl alleged that she and Kenny Lopez (defendant) had unconsensual sexual relations in the woods near her foster home. The victim testified that she repeatedly told Lopez that she did not want to have sex with him, but that he nonetheless forced her to engage in intercourse. Lopez, on the other hand, testified that his sexual encounter with the victim was entirely consensual. At trial, before the jury retired to deliberate, Lopez requested a mistake-of-fact instruction regarding the victim’s consent. The trial judge refused to give the instruction. The jury convicted Lopez of rape and indecent assault and battery. Lopez appealed.

Rule of Law

Issue

Holding and Reasoning (Spina, J.)

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