Commonwealth v. Caracino

The defendant was found guilty by a jury on three indictments for indecent assault and battery on a child, G. L. c. 265, § 13B, and three indictments for rape of a child, G. L. c. 265, § 23. On appeal, he claims that (1) under existing fresh complaint doctrine the fresh complaint witnesses should not have been permitted to testify to the statements made by the complainant because they were involuntary; (2) the judge erred by allowing fresh complaint testimony which exceeded the complainant’s own testimony; and (3) the judge erred in denying the defendant’s pretrial motion to exclude an…