The state's highest court has ruled that a person who has simply provided drugs to someone and then had sex with them can't be convicted of the state law against drugging someone to rape them.
"We … conclude that to violate the statute, a defendant must do something more than what occurred here, i.e., simply making alcohol and drugs available to the eighteen year old victim," the Supreme Judicial Court ruled today.
The court noted a Massachusetts Appeals Court ruling in the case that found that, in order for the charge to be valid, the defendant had to employ "some forceful action, deceit or trickery" in "administering" the drug to the victim.
The court ruled in the case of Gary Leblanc, a Gardner lawyer who was sentenced in 2005 to 10 to 12 years in prison for drugging and raping an 18-year-old woman.
The court overturned Leblanc's conviction on a charge of drugging a person for the purpose of unlawful sexual intercourse, but it affirmed his other convictions on charges of rape and indecent assault and battery.
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