Commonwealth v. Sherry

Facts: Victim was a nurse at a hospital at which the three defendants were doctors. They were at a party for some hospital staff during which the victim danced with the defendants. Some time during the party, one of the defendants grabbed the victim and said, "we're going to Rockport." The victim verbally protested, but didn't physically protest because she thought the defendants were "horsing around." They climbed in a car and drove to Rockport, where some of them smoked marijuana. The defendants began to undress themselves and the victim. The defendants had sex with the victim one at a time.

Procedural History: Defendants were charged with rape and kidnapping. Jury acquitted on kidnapping and convicted on rape. Appealed.

Arguments: Ds argued that to be found guilty, they had to have knowledge of the victim's lack of consent.