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Defense says consent ambiguity undermines Benavides conviction; Commonwealth disagrees
Summary
In Commonwealth v. Benavides, defense counsel argued that evidence shows either accidental contact or scope-limited consent to a tattoo, and that the victim later changed testimony; the Commonwealth countered that explicit ‘no’ and the location/timing of touchings supported lack of consent and sufficiency.
The panel heard argument in Commonwealth v. Benavides, a sufficiency appeal that turned on alleged nonconsensual touchings during a tattoo appointment.
Eric Rubin, representing Mr. Benavides, said the pelvic-area touching was not part of the charged offense and emphasized the victim’s initial account that the contact was accidental; Rubin asked the court to view the record (openings,…
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