How have courts dealt with a revocation petition alleging that a parolee violated his conditions by having sexual relations with a married woman?

^5. The Attorney General cites, but does not discuss, Martineau v. Perrin (1st Cir. 1979) 601 F.2d 1201. The revocation petition there alleged a parolee violated his parole conditions by having sexual relations with a woman not his wife and by being absent from his residence without permission on a particular night. (Id. at p. 1205.) The evidence established that the woman, not the parolee, was married and the parolee was absent from home on a night other than the one alleged. (Ibid.) The court found the petition carelessly worded, but the technical and non-prejudicial variances did not offend due process where the parolee had actual notice of the substance of the charges as demonstrated by his lack of surprise or request for a continuance. (Ibid.) We address prejudice, infra.

^6. The delayed timing of defendant's objection may well have played a role in this.