Commonwealth v. Knap

Following a jury trial in the Superior Court, the defendant was found guilty of rape of a child, G. L. c. 265, § 23 (1990 ed.), and indecent assault and battery on a child under the age of fourteen, G. L. c. 265, § 13B (1990 ed.). The defendant appeals claiming that the trial judge erred when he refused to instruct the jury that a reasonable mistake of fact as to identity is a defense to charges of statutory rape and indecent assault and battery on a child. 1 He also claims that the judge committed reversible error by instructing the jury only as to consciousness of guilt, when there was…