Criminal Law keyed to Dripps
Commonwealth v. Lopez
Facts
Kenny Lopez (Defendant) and the victim had sexual intercourse in the woods near the victim’s home. The victim testified that she repeatedly told Defendant that she did not want to have sex with him, but that he nonetheless forced her to engage in intercourse. Defendant, on the other hand, testified that his sexual encounter with the victim was entirely consensual. Defendant was convicted of rape and indecent assault and battery. Before the jury retired, Defendant requested a mistake of fact instruction regarding the victim’s consent. The trial judge refused to give the instruction. Defendant appealed.
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