Commonwealth v. Montanez

(concurring, with whom Cordy, J., joins). Eleven years ago, when confronted with a request to reconsider the fresh complaint doctrine, this court decided, with apparent reluctance, to retain “a doctrine which has its origins in outmoded, and invalid, sexual myths.” Commonwealth v. Licata, 412 Mass. 654, 658 (1992). Perhaps as a result of the court’s discomfiture with the fresh complaint exception to the hearsay role, the jurisprudence surrounding fresh complaint now carries an assortment of technical restrictions and requirements that are not imposed on other hearsay exceptions.1 As today’s…