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rape conviction overturned 10/26/11 0645 e.a.

the forcible rape conviction of a former carmel physician was overturned.  carl bergstrom was convicted of assaulting an ACQUAINTANCE in his carmel home in 2009.  in a 2-1 decision, the 6th district court of appeals ruled that judge russel scott erred by reading jurors an instruction defining “legal consent”.  bergstrom was charged with forcible sodomy, which requires the absence of “actual consent”.  a civil lawsuit has been filed, and a trial is scheduled for march 12th

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