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Appeals court hears debate over "constructive force" jury instruction in Commonwealth v. Graves
Summary
A three-justice panel questioned whether a jury instruction that treats a victim's subjective fear as sufficient proof of constructive force improperly removes an objective element from sexual-assault law during oral argument in Commonwealth v. Graves.
A three-justice panel of the Massachusetts Appeals Court heard arguments over whether the jury instruction in Commonwealth v. Graves improperly allowed a conviction based solely on a victim's subjective fear.
The state and defense debated whether "constructive force" (sometimes called "implied force" in the trial charge) requires an objective component in addition to a victim's testimony that she was afraid. Defense attorney Robert Chekhitov argued that without an objective component, the constructive-force doctrine would be unbounded: "If the person here just absolutely froze ... how could your…
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