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COMMONWEALTH v. MOUNTRY

SJC-10983.

463 Mass. 80 (2012)

COMMONWEALTH v. SOMDETH MOUNTRY.

Supreme Judicial Court of Massachusetts. Essex.

August 1, 2012.

Attorney(s) appearing for the Case

William T. Harrington for the defendant.

Kenneth E. Steinfield , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GIANTS, DUFFLY, & LENK, JJ.

SPINA, J.

In Commonwealth v. Blache, 450 Mass. 583, 589 (2008), we held that where the Commonwealth relies on evidence that a rape victim was incapable of consent to establish the element of lack of consent and thereby reduce the degree of required force to that which is needed to effect penetration, "the Commonwealth should also prove the defendant's knowledge of the complainant's incapacitated state." Today we hold...

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