Commonwealth v. Aitahmedlamara

We consider what evidence is required to establish that a sexual assault, victim is mentally retarded, to support that element of the offense of indecent assault and battery on a mentally retarded person, under G. L. c. 265, § 13F. We conclude that the evidence in the present case was sufficient to support the defendant’s conviction. We also reject the defendant’s contention that the trial judge abused his discretion in finding the victim competent to testify at trial.

The term “mentally retarded” is not defined in G. L. c. 265, § 13F. We accordingly look to the term’s “usual and accepted…