Commonwealth v. Prado

In this case, we are asked to determine whether the act of forcing a person to penetrate her own genital opening constitutes rape within the meaning of G. L. c. 265, § 22. We hold that it does, and thus affirm the order denying the defendant's motion for new trial.

Background . 1. Procedural history . Following a jury trial in the Superior Court, the defendant, Reinaldo Prado, was convicted of one count of aggravated rape, see G. L. c. 265, § 22 ( a ), three counts of armed robbery, see G. L. c. 265, § 17, and three counts of witness intimidation, see G. L. c. 268, § 13B. Represented by the…