Commonwealth v. Elder

After our decision in Elder v. Commonwealth, 385 Mass. 128 (1982), the judge found the defendant guilty on two indictments charging rape and abuse of a minor child (without force). See G. L. c. 265, § 23. On appeal, the defendant asserts that the entry of judgment against him after the judge first declared a mistrial violates his constitutional rights to due process and equal protection, and the prohibition against double jeopardy. The defendant also argues that the judge improperly applied the rape shield law to exclude probative evidence. See G. L. c. 233, § 21B, inserted by St. 1977, c.…