Wednesday, January 25, 2012

PA Supreme Court to review controversial Superior Court decision

The Pennsylvania Supreme Court has agreed to review a controversial Superior Court ruling overturning the convictions of three men accused of sexually assaulting a West Chester University student almost three years ago, according to the Associated Press.

Chester County District Attorney Joseph W. Carroll called the decision "the worst legal reasoning I have ever seen in an appellate court opinion." Deputy District Attorney Nicholas Casenta Jr. told The Philadelphia Inquirer that prosecutors look forward to arguing the case.

The men were acquitted of rape but convicted of sexual and indecent assault and false imprisonment after the 18-year-old said she was attacked in her dorm room in February 2009.

The three-judge Superior Court said in an unpublished memorandum opinion that it was "manifestly unreasonable" to assume she had not consented, saying she had only minor injuries and there was no evidence that she cried for help or tried to escape, reported the Associated Press.

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