Commonwealth v. Sherry case brief (386 Mass. 682)

Commonwealth v. Sherry

386 Mass. 682 (1982) 437 N.E.2d 224

FACTS

-Sherry and his two companions, the Ds were all doctors and the victim was a nurse.
-The defendants held a party and through the sequence comprising multiple events, the victim found herself at one of the defendant's homes. There the defendant's had sexual intercourse with the victim.
-The defendant's argued that they did not think that they were committing rape because the victim did not resist in any shape or form.
-The defendants were convicted by the jury of rape.

Issue: Was an error made in the conviction process?

Holding: No, In rape cases, victim does not have to physically struggle with the rapist in order to show lack of consent.

ANALYSIS-There have been no cases in the United States which show that an honest reasonable mistake in the consent can be considered good defense in rape cases. 
-The court, concluding, stated:

"We need not reach the issue whether a reasonable and honest mistake to the fact of consent would be a defense, for even if we assume it to be so, the defendants did not request a jury instruction based on a reasonable good faith mistake of fact. We are aware of no American court of last resort that recognizes mistake of fact, without consideration of its reasonableness, as a defense; nor do the defendants cite such authority. There was no error."

-Court ruled that there was no error in the conviction process and the convictions of the three defendants were affirmed.

Link to Case:  Commonwealth v. Sherry (full case)