BOSTON—A former Harvard dental student convicted of raping another student will get a new trial.
On Friday, the state Supreme Judicial Court upheld a decision by the Appeals Court to toss out Martin Urban's 2004 rape conviction based on faulty instructions from the judge at his trial.
The SJC agreed with the state Appeals Court, which ruled in 2006 that the judge didn't properly explain to the jury the high standard required to show that someone is too intoxicated to consent to sex.
Urban was sentenced to four to six years in prison after being convicted of raping a fellow dental student in 2001 after a night of drinking with friends.
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