COMMONWEALTH v. THEVENIN

No. 91-P-1026.

33 Mass. App. Ct. 588 (1992)

603 N.E.2d 222

COMMONWEALTH vs. FRANTZ R. THEVENIN.

Appeals Court of Massachusetts, Plymouth.

November 19, 1992.


Attorney(s) appearing for the Case

Eric Brandt, Committee for Public Counsel Services, for the defendant.

Paul C. Dawley, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, FINE, & GILLERMAN, JJ.


FINE, J.

The defendant was convicted of rape. The issue on appeal is whether evidence the defendant sought to introduce in an attempt to refute the complainant's testimony was properly excluded under the rape-shield statute (G.L.c. 233, § 21B). The proffered evidence was that he had been told by a coworker a month or so before the alleged rape that the coworker had had intercourse with the complainant and, as a result, developed a venereal condition known as...

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