Commonwealth v. Franks

The defendant Clemis Franks, Jr., was indicted and convicted on a charge of “ravish[ing] and carnally know[ing]. . . a female child under the age of sixteen years, by force and against her will.” He appeals pursuant to the provisions of G. L. c. 278, §§ 33A-33G.

The pertinent evidence before the jury was as follows. On May 24, 1969, at 2 p.m. when the alleged rape took place, the victim was fifteen years old (bom March 2,1954) and a student at the Industrial School for Crippled Children. At the trial (at which time she was eighteen years of age) the victim testified that she was walking on her…