Farish v. Commonwealth

Opinion

DUFF, J.

After trial by jury, Raymond Eugene Farish was convicted of rape and forcible sodomy. He appeals from the trial court’s denial of his motion for a subpoena duces tecum to produce the victim’s psychiatric records and from the denial of his request for a jury instruction stating that the victim was required to reasonably resist her assailant.

At approximately 7:15 p.m. on July 6, 1984, the victim was jogging on the Blackwater Creek Nature Trail when she was approached by Farish and another man riding a moped. She testified that Farish made several sexual suggestions, including his…