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Sex Crimes Evidence: First Complaint

April 19, 2012 by Kevin Mahoney

Boston sex crimes defense lawyer, Kevin J. Mahoney, explains the “first complaint” doctrine in Massachusetts rape cases 

If you or your loved one has been charged with rape, witness testimony will play a key role in the outcome of your case. In Massachusetts, witness testimony in rape cases is governed, in part, by what is known as the “first complaint” doctrine.

First, a bit of background: Prior to 2005, the “fresh complaint” rule determined whether a witness could testify about what the alleged rape victim had told her. In deciding whether to allow the witness to testify, the court would consider when the alleged victim had confided in the witness. If the alleged victim spoke to the witness shortly after the alleged rape or sexual assault occurred, the court could admit the witness’ testimony. If, however, a lengthy period of time had already passed when the victim confided in the witness, the court would limit or exclude the witness’ testimony because the alleged victim’s statements about incident were not fresh enough – that is, timely enough – to be reliable evidence. The fresh complaint rule allowed multiple witnesses to testify at trial about what the alleged victim had said about the rape.

That changed in 2005 when the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. King. In that case, the court established a new rule, called the “first complaint” doctrine. Under the first complaint doctrine, the prosecution may call only the first witness in whom the alleged victim confided regarding the sexual assault or rape. The length of time between the alleged assault/rape and the disclosure to the witness no longer matters. However, only the first witness can testify about what the alleged victim said. The prosecution cannot call other witnesses who heard the alleged victim’s story at a later date, unless those witnesses testify regarding other matters. Moreover, the prosecutor may use the first complaint witness’ testimony only for particular purposes. In general, the prosecution may call the first complaint witness to support the alleged victim’s credibility, but may not call the witness to testify when the only legal issue to be determined is the identity of the assailant.

If you are facing rape charges, you need an experienced Boston sex crimes defense lawyer to protect your rights under the law and guard against overreaching by the prosecution. If you are not currently represented, contact the Mahoney Criminal Defense Group a Cambridge, Massachusetts firm.

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Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
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About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

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    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

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    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

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    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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