Commonwealth v. Enimpah

After a jury trial, the defendant was convicted of aggravated rape, kidnapping, assault and battery by means of a dangerous weapon, and assault and battery on one woman; he was also convicted of rape, as a lesser included offense of aggravated rape, on another woman. On appeal, he argues primarily that the judge’s instructions to the jury, which tracked the Superior Court model jury instructions, misstated the law of rape. Specifically, he maintains that the language “sexual intercourse is complete upon penetration, no matter how slight, of a person’s genital opening” precludes his conviction…