State v. Perry

GLASSMAN, Justice.

The defendant was convicted of rape by force following a jury trial in the Superior Court, Penobscot County. Because of error in the court’s instructions to the jury, we set aside the judgment.

The victim is a twenty-one-year-old woman crippled by cerebral palsy. On August 19,1978, while walking on a street near her home in Bangor, she was invited by the defendant to sit on his front porch. He then offered to buy her a Coke. The defendant left to purchase the soft drink and while he was away the victim remained on the porch. After his return the defendant told the woman to go…