Commonwealth v. Benevides

Summary

The Massachusetts Appeals Court affirmed Jose Benevides's conviction for indecent assault and battery under G. L. c. 265, § 13H. The court held that the evidence was sufficient for a rational jury to find that the victim consented only to touchings necessary and appropriate to applying her tattoo, not to the defendant's alleged touching of her pubic area and inner thigh. The court also concluded that the Commonwealth was not required to prove withdrawal of consent where the victim had not initially consented to the sexual contact.

Holdings

1. The evidence was sufficient for a rational jury to find beyond a reasonable doubt that the victim consented only to touchings necessary and appropriate to applying the tattoo, not to the defendant's touching of her pubic area or inner thigh, particularly in a sexualized manner.
2. The Commonwealth did not have to prove that the victim withdrew consent before the touchings because the jury could find that she never consented initially to touchings unnecessary to the tattoo procedure.
3. The judge properly denied the defendant's motions for a required finding of not guilty because the evidence, viewed in the Commonwealth's favor, permitted a rational jury to find every element of indecent assault and battery beyond a reasonable doubt.

Questions Presented

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that the victim did not consent to the defendant's touching of her pubic area and inner thigh.
2. Whether the Commonwealth was required to prove that the victim expressly withdrew consent before the alleged indecent touchings.

Disposition

affirmed