Commonwealth v. Gilberto Espinola

A Superior Court jury convicted the defendant of two counts of statutory rape aggravated by an age difference of more than five years, G. L. c. 265, § 23A, and six counts of indecent assault and battery on a child under age fourteen, G. L. c. 265, § 13B, four of which were lesser included offenses of alleged rapes.2 The convictions were based on evidence that the defendant, age forty-six at the time, sexually assaulted the victim, his goddaughter, by touching her breasts with his hands and mouth, putting his penis in her mouth, and putting his mouth on her vagina. On appeal, the defendant…