Commonwealth v. Barrios
Commonwealth v. Barrios
Opinion of the Court
Following a jury trial in the Superior Court, the defendant was convicted of forcible rape of a child under sixteen years of age in violation of G. L. c. 265, § 22A, and aggravated rape of a child under sixteen, in violation of G. L. c. 265, § 23A(b ). On appeal, he claims that the victim's testimony was not reliable and should have been excluded. He also argues that the judge erred in denying his motions for required findings of not guilty filed at the close of the Commonwealth's case and postverdict. We affirm.
Background. The following evidence was adduced by the Commonwealth. In 2013, the victim, who was twelve years old, lived in an apartment with her mother, her stepfather,
The defendant denied the allegations. At trial, he testified that he never went into the victim's bedroom on the night in question. He claimed that the victim's mother was out that evening and that he was watching the victim and her brother. At around 11:00 P.M. and again at around midnight, the defendant checked on the children, who were both in their mother's bedroom, and then went back to bed. When the mother returned home around 2:00 A.M. , the defendant confronted her about having been out late and then returned to his bedroom until he awoke for work at 5:45 A.M.
Discussion. 1. The victim's testimony. There is no merit to the defendant's claim that the victim's testimony, to which there was no objection, lacked an adequate foundation. As the Commonwealth notes in its brief, "[t]he only foundation required for the testimony of lay witnesses is the ability to perceive, recall, and recount information within the witness's personal knowledge." Commonwealth v. Cintron,
2. Sufficiency. In reviewing the judge's decision to deny the defendant's motions for required findings of not guilty, we view the evidence in the light most favorable to the Commonwealth to determine whether any rational trier of fact could have found that all the elements of the crime charged have been satisfied beyond a reasonable doubt. Commonwealth v. Latimore,
The judge did not err in denying the defendant's motions for required findings of not guilty. To begin with, the motion filed at the close of the Commonwealth's case was properly denied because the victim's testimony, if believed, was sufficient to support the convictions beyond a reasonable doubt. See Commonwealth v. Donlan,
Judgments affirmed.
At the time of the incident, the stepfather had moved out of the apartment.
The victim testified that she was "like, waking up when [she] felt it," and that she was "still kind of in, like, sleeping mode until [she] finally saw what was going on."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.