SMITH, J.
The defendant was indicted for rape and assault and battery. At the jury trial, the victim testified that she was raped by the defendant at a party. The defendant, in turn, admitted that he had engaged in sexual activities with the victim but testified that they were consented to by the victim and that he never attained penetration. At the conclusion of the four-day trial, the trial judge, a District Court judge sitting in the Superior Court under statutory...
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