Citation Numbers: 6 Mass. App. Ct. 959, 383 N.E.2d 546
Filed Date: 12/26/1978
Status: Precedential
Modified Date: 10/18/2024
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.