Commonwealth v. Berkowitz

OPINION

Appellant appeals from judgment of sentence imposed following convictions of rape and indecent assault. We are called upon to determine the degree of physical force necessary to complete the act of rape in Pennsylvania. We find that under the totality of the circumstances, evidence of sufficient force was not adduced herein. We are also asked to decide whether the trial court improperly excluded evidence of the victim’s motive to fabricate the charge of indecent assault. We find that it did. Accordingly, we discharge appellant on the rape conviction and reverse and remand for a new…