This section contains the nature of the case and procedural background.

D is the mother of a mildly retarded daughter who was seventeen at the time of the incidents. D's boyfriend lived with D and her daughter for two months and told D that he intended to have sexual intercourse with her daughter. D expressed neither encouragement nor discouragement and did not respond to the threats about her daughter. The boyfriend raped the daughter 4 times, and at least once D pounded on the closed, unlocked door and told the boyfriend to stop. D was convicted of being an accessory before the fact. This appeal resulted.

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