Massachusetts Appeals Court, 1978

Commonwealth v. Bedard

Commonwealth v. Bedard
Massachusetts Appeals Court · Decided December 26, 1978
6 Mass. App. Ct. 959; 383 N.E.2d 546

Commonwealth v. Bedard

Opinion of the Court

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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