Commonwealth v. Sherman

**464 A Superior Court jury convicted the defendant of penile-vaginal and digital-vaginal rape, implicitly rejecting the defendant's testimony that all sexual intercourse between him **465 and the victim had been consensual. On appeal, the defendant claims that the trial judge committed two reversible errors. First, the defendant contends that, where the deliberating jury asked the judge whether initially consensual sexual intercourse could become rape if the victim withdrew her consent after penetration, the judge erred by failing to instruct the jury that a defendant may not be found guilty…