Commonwealth v. Thayer

Clarence Thayer (Clarence) and his wife Isabel Thayer (Isabel) were indicted and tried on charges of (i) forcibly raping Jill and Patty, 2 both under the age of sixteen, see G. L. c. 265, § 22A, and (ii) indecent assault and battery on. a child under the age of fourteen, see G. L. c. 265, § 13B, against the same children. After a seven-day joint trial, the defendants were convicted of the lesser included offense of statutory rape, see G. L. c. 265, § 23, and of the indecent assault and battery charges. 3 The lesser included offense instruction was given by the judge sua sponte, 4 without…