Suliveres v. Commonwealth

In Commonwealth v. Goldenberg, 338 Mass. 377, cert, denied, 359 U.S. 1001 (1959), we concluded that it is not rape when consent to sexual intercourse is obtained through fraud or deceit. In determining that G. L. c. 265, § 22, required this result by its definition of rape as sexual intercourse compelled “by force and against [the] will” of the victim, we stated that “[fjraud cannot be allowed to supply the place of the force which the statute makes mandatory.” Commonwealth v. Goldenberg, supra at 384. In the present case, the Commonwealth asks us to overrule the Goldenberg decision and hold…