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Commonwealth v. Lopez

Supreme Judicial Court of Massachusetts
745 N.E.2d 961 (2001)


Facts

Kenny Lopez (defendant) and the victim had sexual intercourse in the woods near the victim’s 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. Lopez was convicted of rape and indecent assault and battery. Before the jury retired, Lopez requested a mistake of fact instruction regarding the victim’s consent. The trial judge refused to give the instruction. Lopez appealed.

Rule of Law

Issue

Holding and Reasoning (Spina, J.)

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