Not overruled or negatively treated on appealinfoCoverage
Appeals Court of MassachusettsDec 26, 1978
383 N.E.2d 1144 (Mass. App. Ct. 1978)
383 N.E.2d 11446 Mass. App. Ct. 959

Cases citing this case

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  • State v. Carter

    …denied, 434 U.S. 848, 98 S.Ct. 157, 54 L.Ed.2d 116, reh. denied, 434 U.S. 961, 98 S.Ct. 495, 54 L.Ed.2d 322…

  • Commonwealth v. McDonough

    …Commonwealth v. King, 387 Mass. 464, 473 (1982). "There is no absolute rule of law as to the time within…

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December 26, 1978.

The case was submitted on briefs.

Susan J. Baronoff for the defendant.

George M. O'Connor, Assistant District Attorney, for the Commonwealth.

There is no absolute rule of law as to the time within which the victim of a sexual assault must make her first complaint of the assault in order to qualify that complaint for admission in evidence as a fresh complaint. See Commonwealth v. Bailey, 370 Mass. 388, 390, 391-392, 392-393 (1976). It is clear from the evidence at voir dire and from the judge's findings thereon that the victim's first complaint in this case was made within a period of time following the rapes which was reasonably prompt in light of all the circumstances. Nothing more was required. The relevant cases are collected in Commonwealth v. Lund, 5 Mass. App. Ct. 884 (1977).

Judgments affirmed.

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