Commonwealth v. Gouveia

371 Mass. 566, 358 N.E. 1001 (1976)

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Nature of the Case

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Facts

The victim went to a party after having been to a bar. She later passed out in the car. When she awoke, her wallet and car keys were gone. She left the car, and Gouveia (D) offered to let her lie down in his van. After several of his friends harassed her, D entered the van and raped her. She left the van and returned to her car. D later drove her home, after lying about the location of the party and the ownership of the van. She got the license plate number, though, and D was arrested, charged with rape. The victim's original escort and several other witnesses testified about D's obscene behavior that night, but all evidence regarding the victim's previous sexual experiences were excluded. D was convicted and appealed.