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COMMONWEALTH v. GARCIA

No. 98-P-248.

47 Mass. App. Ct. 419 (1999)

COMMONWEALTH v. MELISSA GARCIA (and a companion case).

Court of Appeals of Massachusetts, Essex.

July 27, 1999.

Attorney(s) appearing for the Case

Aileen F. Cox for Manuel Rodriguez.

Audrey S. Gordon for Melissa Garcia.

Robert J. Bender, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, DREBEN, & GILLERMAN, JJ.

DREBEN, J.

Commonwealth v. Raposo, 413 Mass. 182 (1992), held that a parent who failed to take reasonable steps to prevent sexual attacks on her minor daughter by a third person could not be found guilty of being an accessory before the fact. More than an omission to act was required. In a concurrence, Justice Abrams, noting that "a majority of State Legislatures have enacted criminal child abuse statutes which proscribe...

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