For Your Data Republic V. Lopez Representative Brief
March 18, 2020
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Commonwealth v. Lopez case brief summary
745 N.E.2d 961 (2001)
CASE FACTS
A 17 yr old-girl introduced accused to her woman bring upwards equally a friend thence agreed to permit him walk her home. Defendant in addition to the daughter spoke for close one-half an hr at a commons across the street from her foster home. Defendant suggested they walk inward the woods, they did, in addition to deep inward the woods, they had sexual intercourse. The daughter went home, showered, told her foster woman bring upwards who dialed 911, in addition to hysterically cried into the phone. At trial, her treating Dr. described pregnant injuries in addition to opined that excessive forcefulness had been applied to her individual parts. The girl's work organization human relationship was that she had never consented in addition to had been forced. Defendant said that she was an active willing participant. Defendant was denied a jury pedagogy on error of fact equally to consent. Defendant was convicted.
DISCUSSION
CONCLUSION
The judgments were affirmed.
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745 N.E.2d 961 (2001)
CASE SYNOPSIS
The trial courtroom (Massachusetts) convicted accused on 2 indictments charging rape in addition to 1 indictment charging indecent onrush in addition to battery on a individual over the historic stream of fourteen years. Defendant appealed.CASE FACTS
A 17 yr old-girl introduced accused to her woman bring upwards equally a friend thence agreed to permit him walk her home. Defendant in addition to the daughter spoke for close one-half an hr at a commons across the street from her foster home. Defendant suggested they walk inward the woods, they did, in addition to deep inward the woods, they had sexual intercourse. The daughter went home, showered, told her foster woman bring upwards who dialed 911, in addition to hysterically cried into the phone. At trial, her treating Dr. described pregnant injuries in addition to opined that excessive forcefulness had been applied to her individual parts. The girl's work organization human relationship was that she had never consented in addition to had been forced. Defendant said that she was an active willing participant. Defendant was denied a jury pedagogy on error of fact equally to consent. Defendant was convicted.
DISCUSSION
- The appellate courtroom held that Mass. Gen. Laws ch. 265, § 22 rape was a full general intent crime.
- Proof that accused intended sexual intercourse yesteryear forcefulness coupled amongst proof that the daughter did non consent was sufficient for conviction.
- Any perception, reasonable, honest, or otherwise, of accused equally to her consent was non relevant.
CONCLUSION
The judgments were affirmed.
Recommended Supplements for Criminal Law