Criminal Law Keyed to Dressler
Commonwealth v. Sherry
Facts
The Defendants, Hussain, Sherry and Lefkowitz (Defendants) and the victim all attended the same party. Hussain and Sherry pushed the victim into a bathroom with defendant Lefkowitz and they did not open the door until Lefkowitz told the other defendants to leave the victim alone. Later, the Defendants grabbed the victim from the apartment where the party was being held and told her they were going to Rockport. The victim did not physically resist, but protested verbally. The victim testified she was not afraid while on the car ride to Rockport. When the quartet arrived at Lefkowitz’s house in Rockport, the victim asked to be taken home, but was carried inside instead. While there was no evidence of physical resistance, the victim was frightened and protested verbally as the defendants disrobed themselves and her and attempted to have intercourse with her. All of the defendants separately had sexual intercourse with the victim. All the defendants were convicted by jury of rape. Start here
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