Commonwealth v. Mountry, 463 Mass. 80

Defendant was convicted of rape and furnishing alcohol to a person under 21 after a violent incident with a 16-year-old victim in Gloucester, Massachusetts.
Commonwealth introduced DNA evidence linking the defendant to the vaginal swab and panties; the matches had extremely low random-probability statistics.
Defense sought to introduce evidence that the victim had prior sexual activity with a boyfriend to show motive to fabricate; the trial court limited cross-examination under the rape-shield statute.
Defendant argued the judge erred by denying a required finding of not guilty on the knowledge element and by not instructing on the defendant’s intoxication as it bears on knowledge.
The trial judge gave a Blache-style instruction on knowledge but failed to include the defendant’s intoxication as to the knowledge alternative, which the court later deemed error but non-prejudicial.
Judgments were affirmed after concluding the instructional error did not prejudice given lack of debilitating intoxication evidence and overwhelming case against the defendant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Knowledge element instruction on intoxication	Commonwealth argues knowledge can be proved by both subjective and objective evidence.	Spina argues intoxication should be considered for both subjective knowledge and objective reasonableness.	Instruction error on objective element; but no prejudice.
Cross-examination under rape shield	Commonwealth contends victim’s credibility motive could be explored.	Defendant asserts right to expose motive to fabricate.	Judge did not abuse discretion; evidence insufficient to show motive to fabricate.
Sufficiency of evidence on knowledge of incapacity	Commonwealth argues evidence supported actual or constructive knowledge of incapacity.	D argues lack of decisive proof of knowledge.	No error; jury could find actual or reasonable knowledge.
Effect of intoxication on verdict	Intoxication evidence relevant to knowledge should be considered.	No debilitating intoxication proven.	No prejudice; voluntary intoxication not sufficient for instruction.

Commonwealth v. Blache, 450 Mass. 583 (Mass. 2008) (knowledge of victim’s incapacitated state required when relying on incapacity to prove lack of consent)
Commonwealth v. Joyce, 382 Mass. 222 (Mass. 1981) (rape-shield evidence may be admitted to show bias or motive to fabricate)
Commonwealth v. Sama, 411 Mass. 293 (Mass. 1991) (intoxication relevant to knowledge element when knowledge is required)
Commonwealth v. Tam Bui, 419 Mass. 392 (Mass. 1995) (need for plausible showing of victim bias or motive to fabricate to cross-examine)