Commonwealth v. Kendall
Massachusetts Supreme Judicial Court
Indictment alleging that the defendant did assault and “ indecently strike, push and handle ” a woman. At the trial in the Superior Court, before Devens, J., the defendant, for the purpose of showing that his acts were with the consent of the woman, offered evidence, which was admitted, of former familiarities between her and himself. He then offered to impeach her character for chastity by general evidence of her reputation in that respect.
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Indictment alleging that the defendant did assault and “ indecently strike, push and handle ” a woman. At the trial in the Superior Court, before Devens, J., the defendant, for the purpose of showing that his acts were with the consent of the woman, offered evidence, which was admitted, of former familiarities between her and himself. He then offered to impeach her character for chastity by general evidence of her reputation in that respect. This was excluded; and, after a verdict of guilty, he alleged exceptions.
1Opinion of the CourtMorton, J.
In cases of rape, and of assaults with intent to commit rape, evidence of the bad character of the prosecutrix for chastity is admissible. Rex v. Clarke, 2 Stark. 241. Rex v. Barker, 3 C. & P. 589. 1 Russell on Crimes, 689. The reasons for the admission of evidence of this character apply with equal force to cases of assault, where the assault consists in taking indecent liberties with the person of a female. In such cases, where one of the controverted issues is as to the consent of the prosecutrix, we think the evidence is competent. The fact, if proved, that she is of unchaste character…
2Cited by14 opinions
- Commonwealth v. JoyceMassachusetts Supreme Judicial Court · 1981
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. McKayMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 2005
- Commonwealth v. GrayMassachusetts Supreme Judicial Court · 1880
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