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COMMONWEALTH v. THAYER

20 Mass. App. Ct. 234 (1985)

479 N.E.2d 213

COMMONWEALTH vs. KENNETH THAYER.

Appeals Court of Massachusetts, Plymouth.

June 19, 1985.

Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services, for the defendant.

Mary Ellen O'Sullivan, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KASS, & FINE, JJ.

KASS, J.

As in Commonwealth v. Bohannon, 376 Mass. 90, 94 (1978), the central issue in dispute was whether the complainant had consented to the sexual activity which all parties agreed had occurred. The defendant was acquitted by a jury of rape and of simple assault and battery, but stands convicted of indecent assault and battery.

On the basis of the Commonwealth's evidence the jury could have found the following...

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