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COM. v. BERKOWITZ

537 Pa. 143 (1994)

641 A.2d 1161

COMMONWEALTH of Pennsylvania, Appellant, v. Robert A. BERKOWITZ, Appellee.

Supreme Court of Pennsylvania.

Decided May 27, 1994.

Reargument Denied July 5, 1994.

Attorney(s) appearing for the Case

James P. Gregor, Dist. Atty., for appellant.

Michael M. Mustokoff, Mark B. Sheppard, Philadelphia, for appellee.

Ann Begler, Pittsburgh, amicus curiae, Pa. Coalition Against Rape.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION OF THE COURT

CAPPY, Justice.

We granted allocatur in this case to address the question of the precise degree of force necessary to prove the "forcible compulsion" element of the crime of rape.1 In addition, our disposition of this case further defines the scope of the Rape Shield Law.2

The Commonwealth appeals from an order of the Superior...

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