Commonwealth v. Urban
Appeals Court of Massachusetts
853 N.E.2d 432 (2006)
- Written by Rich Walter, JD
Facts
The Commonwealth of Massachusetts (plaintiff) prosecuted Martin Urban (defendant) for raping a woman. The trial evidence established that the woman was intoxicated on the night in question. The Commonwealth argued that the woman's intoxication rendered her incapable of consenting to sexual intercourse. Urban argued that despite the woman's intoxication, she remained sober enough to give, and did give, her consent. Over Urban's objection, the judge instructed the jury that sexual intercourse with a person who is asleep, intoxicated, stupefied, unconscious, or helpless is deemed to take place without that person's valid consent. The jury convicted Urban, and he appealed to the Appeals Court of Massachusetts.
Rule of Law
Issue
Holding and Reasoning (Brown, J.)
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