COMMONWEALTH v. BOBILIN

No. 87-915.

25 Mass. App. Ct. 410 (1988)

519 N.E.2d 1349

COMMONWEALTH vs. ERNEST J. BOBILIN, JR.

Appeals Court of Massachusetts, Franklin.

February 22, 1988.


Attorney(s) appearing for the Case

John R. Campbell for the defendant.

Charles K. Stephenson, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, KAPLAN, & DREBEN, JJ.


KAPLAN, J.

The evidence in this case follows an unfortunately familiar pattern. The man, some time after the breakdown of the intimate relationship, appears at the woman's residence, where he is no longer welcome, professes continuing love for her and a passion for her body, and, on being refused, forces himself upon her. When charged with rape, the man claims that the woman reverted to her previous complaisance and consented to the intercourse. See, e.g., Terrio...

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