Commonwealth v. Two Juveniles

We are asked to consider whether the absolute prohibition of G. L. c. 233, § 20J (1984 ed.), against disclosure by a “sexual assault counsellor” of “confidential communications” received from a “victim” of sexual assault is constitutional in the face of the confrontation clauses of the Sixth Amendment to the Constitution of the United States and art. 12 of the Massachusetts Declaration of Rights.

The case comes to us on our transfer here of a report of two questions by a judge sitting in the appeals session of the Boston Juvenile Court. See Mass. R. Crim. P. 34, 378 Mass. 905 (1979). The…