Commonwealth v. Seap Sa

The defendant was convicted by a jury of one count of aggravated rape, G. L. c. 265, § 22(a), and one count of kidnapping, G. L. c. 265, § 26. The Commonwealth concedes on appeal that on the facts of this case, the kidnapping charge was a lesser included offense of aggravated rape and that the conviction of the defendant on both charges was duplicative. See Commonwealth v. Petrillo, 50 Mass. App. Ct. 104, 110-111 (2000), cert. denied, 532 U.S. 1030 (2001). The only issue on appeal is whether the trial judge properly invoked the rape-shield statute, G. L. c. 233, § 21B, to preclude evidence…