Commonwealth v. Green

The defendant was convicted of rape after a jury trial in the Superior Court. He was then sentenced.1 We conclude that there must be a new trial.

*752The evidence presented in the Commonwealth’s case could have warranted the jury in finding that the victim had voluntarily gone with the defendant in his car to look for the victim’s brother, that the defendant later refused to take her home and that he threatened her with a gun (which she did not see). The Commonwealth’s evidence could additionally have supported findings that the defendant forced her to perform fellatio and to have sexual…