Commonwealth v. Urban

A jury in the Superior Court convicted the defendant on two indictments charging rape in violation of G. L. c. 265, § 22 (b), both involving the same complainant. The Appeals Court reversed the defendant’s convictions, concluding that the trial judge’s instruction on the complainant’s capacity to consent was erroneous and prejudicial. Commonwealth v. Urban, 67 Mass. App. Ct. 301, 308 (2006). We granted the Commonwealth’s application for further appellate review.

*609On appeal, the defendant has argued primarily that the incapacity instruction given by the judge erroneously implied that any degree…