Commonwealth v. Urban

853 N.E.2d 432 (2006)

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Nature of the Case

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Facts

D was indicted and prosecuted for raping a woman. The evidence clearly established that the woman was intoxicated during the incident. The issue at trial was whether her intoxication rendered her unable to consent. D claims that while the victim was intoxicated she was sober enough to consent to intercourse and had consented. The trial court instructed the jury that if she was intoxicated she could not consent. D objected to the instruction. D was convicted and appealed.