Commonwealth v. Kennedy’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[q]uestions involving a complainant's credibility ... may be at issue even absent any delay in disclosure”

   2 later decisions quote this exact passage
   e.g. 93 Mass. App. Ct. 1114 - Commonwealth v. Aviles · 93 Mass. App. Ct. 1108 - Commonwealth v. Pineda-Mendoza

2. “intentional, unprivileged, and indecent touching of the victim.”

   2 later decisions quote this exact passage
   e.g. 95 Mass. App. Ct. 548 - Commonwealth v. Benedito · 95 Mass. App. Ct. 257 - Commonwealth v. Melo

3. “"In Lopez , 433 Mass. at 727-728 [ 745 N.E.2d 961 ], we held that a defendant charged with rape is not entitled to raise a defense of an honest and reasonable mistake as to the victim's consent, noting that our rape statute, G. L. c. 265, § 22, does 'not require proof of a defendant's knowledge of the victim's lack of consent or intent to engage in nonconsensual intercourse.' A defendant need only intend to perform the act by force or threat of force. Id . at 728-729 [ 745 N.E.2d 961 ]. Because the Commonwealth * is not required to prove that a defendant intended the intercourse be without consent, 'a mistake of fact as to that consent cannot ... negate a mental state required for the commission of the prohibited conduct.' Id . at 728 [ 745 N.E.2d 961 ]. "We further determined that requiring the Commonwealth to prove that a defendant 'compelled the victim's submission by use of force; nonphysical, constructive force; or threat of force' negates 'any possible mistake as to consent.' Id . at 729 [ 745 N.E.2d 961 ]. In so holding, we observed that a mistake of fact defense has the potential to 'eviscerate the long-standing rule in this Commonwealth that victims need not use any force to resist an attack.' Id . A rape victim need not fend off attackers with physical force 'in order to communicate an unqualified lack of consent to defeat any honest and reasonable belief as to consent.' Id . "Nonetheless, we concluded our analysis by acknowledging that a mistake of fact defense as ”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Sherman