Commonwealth v. Leroux

The defendant appeals from his convictions of rape (G. L. c. 265, § 22) and of committing an “unnatural and lascivious act” (G. L. c. 272, § 35). The defendant’s conviction of assault and battery was placed on file, without objection, and hence is not before us. Commonwealth v. Hoffer, 375 Mass. 369, 370 n.1 (1978). The defendant’s several claims of error are all devoid of merit.

1. The judge’s charge. The defendant claims that the judge improperly charged that “the threat of force” to accomplish sexual intercourse was sufficient to convict him of rape under G. L. c. 265, § 22, as in effect…