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Criminal Law Keyed to Gershowitz
Commonwealth v. Urban
Citation:
67 Mass. App. Ct. 301, 853 N.E.2d 594.Facts
The defendant was charged with rape. The issue at trial was whether the alleged victim had consented to engage in sexual intercourse with the defendant. She was intoxicated and the state argued that at the time of the alleged rape, she was sufficiently under the influence of drugs and alcohol as to be incapable of consent. The trial court instructed the jury that “[i]f, by reason of sleep, or intoxication, or drunkenness . . . a person is incapable of consenting, an act of sexual intercourse occurring with that person during such incapacity, is without the valid consent of the incapacitated person.”
The defendant was convicted. He appealed, arguing that while the alleged victim was drunk, she was sober enough to consent to the sexual intercourse.
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Topic Resources
Topic Outline
Elements of a CrimeTopic Refresher Course
Elements of a Crime: Actus Reus