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Commonwealth v. Sa

Court of Appeals of Massachusetts
790 N.E.2d 733 (2003)


After leaving a bowling alley and pool hall, Seap Sa (defendant) drove his cousin, the cousin’s girlfriend, and two other females, including the 17-year-old victim, to their respective homes. The victim was the last to be dropped off. Sa ignored the victim’s directions to her house and continued driving. As Sa drove farther from her home, the victim became increasingly scared and agitated. Sa told the victim that he was going to rape her and threatened to kill her if she did not cooperate. Sa pulled the car over and raped the victim. Afterward, the victim directed Sa to her boyfriend’s house so that Sa would not know where she lived. Sa dropped off the victim. The following morning, the victim and the boyfriend had sexual intercourse. The Commonwealth of Massachusetts (plaintiff) charged Sa with aggravated rape. During cross-examination of the victim, defense counsel sought to introduce the evidence of the victim’s post-rape sexual intercourse with her boyfriend to show she was not traumatized or psychologically injured by the rape. The prosecution objected, and the trial court sustained the objection, ruling that the state’s rape shield statute precluded any questioning about the post-rape intercourse. Sa failed to provide any other evidence to support his claim. The jury convicted Sa of aggravated rape, and he appealed.

Rule of Law


Holding and Reasoning (Duffly, J.)

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