Criminal Law Keyed to Weaver
Suliveres v. Commonwealth
Suliveres (Defendant) had sex with his brother’s girlfriend by impersonating the brother. On the night of the incident, while the girlfriend slept alone in the bedroom she and her boyfriend shared, Defendant entered the room, and the girlfriend woke up. The room was dark, and the girlfriend could not see that it was Defendant. The girlfriend assumed her boyfriend had just returned home from work, and she called Defendant by her boyfriend’s name. Defendant got into bed and had intercourse with the girlfriend. The girlfriend later testified that during the intercourse she believed Defendant was her boyfriend and that if she had known it was Defendant she would never have consented.The defense argued that the sex was consensual; the prosecution argued that Defendant obtained the girlfriend’s consent fraudulently.
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