Commonwealth v. Molle

Following a jury trial in Superior Court, the defendant, Patrick Molle, was convicted of rape (G. L. c. 265, § 22[b]); indecent assault and battery on a person fourteen or older (G. L. c. 265, § 13H); and assault and battery (G. L. c. 265, § 13A).2 On appeal, the defendant claims that (1) the judge improperly instructed the jury to consider the victim’s intoxication in assessing her ability to consent; (2) the prosecutor made several improper statements during his closing argument; and (3) the judge admitted fresh complaint evidence that exceeded the scope of corroboration for the victim’s…