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COMMONWEALTH v. SCANLON

412 Mass. 664 (1992)

592 N.E.2d 1279

COMMONWEALTH vs. STEVEN J. SCANLON.

Supreme Judicial Court of Massachusetts, Plymouth.

May 15, 1992.

Attorney(s) appearing for the Case

Jonathan Shapiro for the defendant.

Mary O'Sullivan Smith, Assistant District attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, O'CONNOR, & GREANEY, JJ.

LIACOS, C.J.

We are asked in this case to abandon the evidentiary rule that permits the Commonwealth, in a prosecution for sexual assault, to present evidence of the complainant's fresh complaint. In Commonwealth v. Licata, ante 654 (1992), we considered fully the arguments for and against the fresh complaint rule and concluded that we shall adhere to the rule as it exists in this Commonwealth.1 Accordingly,

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