Commonwealth v. Densten

After a jury trial in the Superior Court, the defendant was convicted of rape of a child under sixteen years of age (G. L. c. 265, § 23) and indecent assault and battery on a child (the same child) under fourteen years of age (G. L. c. 265, § 13B).

1. There was no abuse of discretion in the admission, as fresh complaint, of the testimony of the victim’s mother concerning the description of the incident given to her seventeen days after the incident by the victim, a nine-year old special needs boy. See Commonwealth v. Brenner, 18 Mass. App. Ct. 930, 931-932 (1984), and cases cited. That…