State v. Reed

CARTER, Justice.

After a trial in Superior Court (Waldo County), a jury found the defendant guilty of Rape, in violation of 17-A M.R. S.A. § 252(1)(B), Class A (1980). Because we find reversible error in the trial justice’s refusal to instruct concerning the defense that the victim had been a voluntary social companion of the defendant at the time of the incident, 17-A M.R.S.A. § 252(3) (1983), we vacate the judgment and remand for a new trial.

The prosecutrix, who was sixteen at the time of the alleged incident, gave two statements to the police, which were consistent with her testimony.. She…