Commonwealth v. Rasheed

OPINION OF THE COURT

CAPPY, Justice.

The questions presented are: whether it is error for the trial court to instruct the jury that it may draw no adverse inference from the decision of the defendant not to testify, when a specific request to omit the instruction has been made; and if so, is the error harmless. 1 We find that the trial court erred in giving the charge over the objection of defense counsel and that the error was not harmless.

This issue arises out of a rape prosecution where the defendant, having asserted a consent defense, chose not to testify. During the discussions regarding…