Commonwealth v. Avery

The defendant was convicted by a jury in the Superior Court on indictments charging rape of a child, G. L. c. 265, § 23, as appearing in St. 1974, c. 474, § 3, and the commission of an unnatural and lascivious act with a child under the age of sixteen, G. L. c. 272, § 35A. The indictments arose out of an incident which occurred on the afternoon of May 13, 1980. Thereafter, the parents of the victim, who was six years old at the time of the incident and seven years old at the time of trial, complained to the police that the defendant, age eighteen, had enticed their son into his home and there…