Commonwealth v. Berkowitz

OPINION OF THE COURT

CAPPY, Justice.

We granted allocatur in this case to address the question of the precise degree of force necessary to prove the “forcible compulsion” element of the crime of rape. 1 In addition, our disposition of this case further defines the scope of the Rape Shield Law. 2

The Commonwealth appeals from an order of the Superior Court which overturned the conviction by a jury of Appellee, Robert A. Berkowitz, of one count of rape and one count of indecent assault. 3 The judgment of the Superior Court discharged Appellee as to the charge of rape and reversed and remanded for…