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Criminal Law Keyed to Kaplan
Commonwealth v. Fischer
Citation:
721 A.2d 1111 (Pa. Super. 1998)Facts
Fischer (defendant) and an eighteen-year-old college freshman went to his dorm room where they kissed and fondled one another. The two separated and went to the dining hall, but they met up again that day in Fischer’s dorm room. The freshman alleged that during this second encounter, Fisher locked the door, pushed her on the bed, and forced her to perform fellatio. Fischer, however, alleged that the he reasonably believed the second sexual encounter was consensual. Fischer was charged and convicted of involuntary deviate sexual intercourse. On appeal, Fischer claimed ineffective assistance of counsel for the failure to include a jury instruction on the mistake of fact defense.
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Topic Resources
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