Supreme Judicial Court of Massachusetts, Middlesex.https://leagle.com/images/logo.png
November 5, 2007.
January 16, 2008.
Attorney(s) appearing for the Case
John T. Ouderkirk, Jr., for the defendant.
Kimberly A. Rugo, Assistant District Attorney, for the Commonwealth.
The following submitted briefs for amici curiae:
Donna E. Levin, Special Assistant Attorney General, & Peggy A. Wiesenberg for Department of Public Health.
Hank L. Goldsmith, Linda I.T. Zabriskie, & John H. Snyder, of New York, & Gregory J. Sieczkiewicz, Kathryn M. Reardon, & Lindy Aldrich for The Victim Rights Law Center & others.
Supreme Judicial Court of Massachusetts, Middlesex.
COWIN, J.
In Commonwealth v. King,445 Mass. 217 (2005), cert. denied, 546 U.S. 1216 (2006), we modified our "fresh complaint" doctrine to one of "first complaint." We, and many other courts in the United States, had adopted the fresh complaint doctrine because of the belief that failure of a rape victim to make a prompt complaint of a sexual assault was similar to an inconsistent...
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