Matter type
Criminal appeal
Conviction reversed
Harvard student rape conviction reversed
Appellate review — rape conviction — The Appeals Court reversed a 2004 rape conviction of a Harvard-affiliated student—holding that the trial judge erred in instructing the jury on intoxication and consent.
Jeffrey A. Denner
2006Year
Massachusetts Appeals CourtForum
Conviction reversed on appealOutcome
Jeffrey A. DennerCounsel
Venue
Massachusetts Appeals Court
Outcome
Conviction reversed on appeal
Why this matter was high-stakes
- 2004 conviction reversed
- Jury instruction error
- Intoxication and consent
- Harvard-affiliated defendant
The conviction
The client was convicted in 2004 of rape following a trial in which the judge instructed the jury on intoxication and consent. The defense preserved objections to those instructions for appellate review.
Appellate issues
On appeal, counsel argued that the jury instructions on intoxication and consent were erroneous and prejudicial—confusing the jury on the legal standards governing sexual assault prosecutions involving alcohol consumption.
Reversal
The Appeals Court reversed the conviction, holding that the instructions did not adequately guide the jury on the intersection of intoxication evidence and consent analysis. The case was remanded for potential retrial.
Significance
Jury instructions are often the appellate battlefield in sexual assault cases. Preserving objections at trial and developing clear appellate briefing on instructional error can overturn convictions that trial counsel failed to challenge.
Attorney advertising. Past results do not guarantee future outcomes.
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