Sexual assault case involving ex-trooper a matter of consent

A former state trooper convicted of sexually assaulting a woman he met online says he thought he was about to engage in a consensual rendezvous after reading and sending numerous flirtacious, explicit messages.

Now the state’s highest court will consider whether misreading — or misunderstanding — a situation is a defense in certain sexual assault and indecent exposure cases.

“The question is whether a person reasonably believes the situation was consented to,” said Merritt Schnipper, who is representing Christopher Kennedy, the former trooper.

“If a jury is allowed to consider that, and believes it,” Schnipper said, “they may have a problem convicting someone and saddling them with having to register as a sex offender.”

Kennedy was using the PlentyOfFish dating website to meet women in 2014 and eventually connected with a 37-year-old listed as “MM” in court documents. Kennedy and the woman started sharing explicit messages and for about a week they went back and forth — texting, messaging and calling — trying to figure out a time to meet, court documents say.

Eventually they met at a Cumberland Farms in Williamsburg. He arrived in full uniform, in a marked cruiser, and bought coffees, according to court records.

“After they spent about ten minutes together MM said she had to head home, and the Defendant asked whether he could come with her and finish his coffee there,” Kennedy’s appeal states. “MM agreed, and the Defendant followed her.”

Once they got inside her home, though, Kennedy exposed himself to MM. He then grabbed her wrist and placed her hand on his genitals. She pulled away and told him to leave, records say.

Kennedy was charged with indecent exposure and assault and battery, among other things. His lawyer asked the judge to instruct the jury to consider whether a reasonable person in Kennedy’s position, considering all the circumstances, might have mistakenly misread the situation.

The judge declined, Kennedy was convicted and sentenced to six months, and must register as a sex offender.

The Supreme Judicial Court will decide whether the “reasonable mistake” defense will fly in some sex offense cases. The Northwestern District Attorney declined comment.

“The commonwealth would have to prove beyond a reasonable doubt that the defendant was not reasonably mistaken,” Schnipper said.

Rape and other sex crimes that use force would not be covered should the SJC side with Kennedy, according to Schnipper.

Just the same, there is a chance that the court could create an added hurdle for DAs prosecuting lower-level sex crimes.