COMMONWEALTH v. WALTER R


414 Mass. 714 (1993)

610 N.E.2d 323

COMMONWEALTH vs. WALTER R., a juvenile.

Supreme Judicial Court of Massachusetts, Hampden.

April 6, 1993.


Attorney(s) appearing for the Case

Lillian F. Stapleton for the juvenile.

Elizabeth Dunphy Farris, Assistant District Attorney, for the Commonwealth.

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


LIACOS, C.J.

The juvenile in this case was charged with being delinquent by reason of rape and abuse of a child under sixteen years of age in violation of G.L.c. 265, § 23 (1990 ed.). See G.L.c. 119, § 52 (1990 ed.). At the time of the incident, the juvenile was thirteen years old, and the female victim was eleven years old. The Commonwealth alleged that the juvenile used force, or threat of force, to penetrate the victim's vagina with his penis.

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