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· 12/28/1988

Commonwealth v. Rathburn

Citations

  • 532 N.E.2d 691
  • 26 Mass. App. Ct. 699
  • 1988 Mass. App. LEXIS 765

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a thirteen-year-old victim did not demonstrate “extraordinary [sexual] knowledge” by using terms such as “penis,” “butt,” “hard,” or “rubbing” (cleaned up)
  • evidence of past sexual conduct not admissible where child does not display “knowledge of sexual matters beyond his or her years”
  • victim’s failure to confirm previous allegations of abuse does not constitute “concrete evidence” that allegations were false
  • jurors would have assumed some degree of sexual sophistication on part of thirteen year old witness

Source: CourtListener parenthetical corpus (CC0).

Judges: Greaney, Kass, Fine

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.