Legal Opinion
Commonwealth v. Thayer
Massachusetts Appeals Court
Decided June 19, 1985PublishedCited by 8 opinions
1Opinion of the CourtKass, J.
As in Commonwealth v. Bohannon, 376 Mass. 90, 94 (1978), the central issue in dispute was whether the complainant had consented to the sexual activity which all parties agreed had occurred. The defendant was acquitted by a jury of rape and of simple assault and battery, but stands convicted of indecent assault and battery.
On the basis of the Commonwealth’s evidence the jury could have found the following:
Thomas Kelley and the complainant had been involved in an on and off relationship, which included occasions of sexual intercourse, for a year and a quarter. Thayer, the defendant, was a…
2Cases cited15 opinions
- People v. MayberryCalifornia Supreme Court · 1975
- Commonwealth v. BohannonMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. SherryMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. GallantMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. KeizerMassachusetts Supreme Judicial Court · 1979
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3Cited by8 opinions
- Commonwealth v. MosbyMassachusetts Appeals Court · 1991
- Commonwealth v. GilmoreMassachusetts Supreme Judicial Court · 1987
- Commonwealth v. LyonsMassachusetts Appeals Court · 2008
- Commonwealth v. DonnellyMassachusetts Appeals Court · 1992
- Commonwealth v. McGeeMassachusetts Appeals Court · 1997
3 more not listed; retrieve them via the Exa API.