Commonwealth v. Souther

Convicted of indecent assault and battery upon a child under fourteen years of age (G. L. c. 265, § 13B), and rape of a child under sixteen years of age (G. L. c. 265, § 22A), the defendants appeal on the ground that evidence purporting to be fresh complaint was improperly admitted against them. Souther urges that the indictments as to him should be dismissed for the reason that they were founded on a violation of the psychotherapist-patient privilege contained in G. L. c. 233, § 20B. We affirm.

We rehearse the salient facts which could have been found on the evidence. At trial, the…