Commonwealth v. Fleury

The defendant was convicted of two indictments charging indecent assault and battery on a child under the age of fourteen (G. L. c. 265, § 13B [1992 ed.]), and one indictment charging rape and abuse of a child under the age of sixteen (G. L. c. 265, § 23 [1992 ed.]). He filed a timely notice of appeal and we granted his application for direct appellate review.

The defendant first claims that the judge erroneously admitted testimony from the victim’s mother as “fresh complaint” evidence in spite of a twenty-one month delay from the termination of the sexual abuse and the victim’s report to her…