COMMONWEALTH v. TWO JUVENILES


397 Mass. 261 (1985)

491 N.E.2d 234

COMMONWEALTH vs. TWO JUVENILES.

Supreme Judicial Court of Massachusetts, Suffolk.

April 10, 1986.


Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services (Paul L. McGill, Committee for Public Counsel Services, with him) for one juvenile.

David B. Mark, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Althea Lloyd for Department of Public Health & others.

Jonathan Brant for Beth Israel Hospital.

Judith Farris Bowman for Massachusetts Association of Criminal Defense Lawyers.

Marjorie Heins & Amy Sisson for Civil Liberties Union of Massachusetts.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & NOLAN, JJ.


WILKINS, J.

We are asked to consider whether the absolute prohibition of G.L.c. 233, § 20J (1984 ed.), against disclosure by a "sexual assault counsellor" of "confidential communications" received from a "victim" of sexual assault is constitutional in the face of the confrontation clauses of the Sixth Amendment to the Constitution of the United States and art. 12 of the Massachusetts Declaration of Rights.1

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