Commonwealth v. Scheffer

Robert Scheffer was convicted by a jury of rape of a child (G. L. c. 265, § 23) and indecent assault and battery of a child under the age of fourteen (G. L. c. 265, § 13B). We think there is merit to the defendant’s assertion on appeal that his trial lawyer rendered ineffective assistance when he failed to press for a voir dire of the victim about prior instances of sexual abuse. The Commonwealth conceded on the appeal that, in any event, the conviction of rape was duplicative of the lesser included offense of indecent assault and battery and that the conviction and sentence for the lesser…