In a Massachusetts sex crime, often the victim will claim to have told another person which could be a parent, boyfriend or girlfriend, relative, co-worker or friend about sexual assault that occurred. One issue that comes up at a Massachusetts sex crimes trial, is the extent to which this person can testify to what the alleged victim said about the incident. This is referred to as the first complaint witness.

Understanding the First Complaint Doctrine in Massachusetts Sex crimes: Under the first complaint doctrine, the Commonwealth can call the person who the victim first confided in about the incident. The Commonwealth is generally limited to calling only one first complaint witness. The first complaint doctrine was set forth by the Massachusetts Supreme Judicial Court, in the case of Commonwealth v. King, 445 Mass. 217 (2005). Since the King decision, there have been many cases interpreting this doctrine.

The rationale behind allowing the first person that the victim of a sexual assault in Massachusetts told about the incident is that Massachusetts Supreme Judicial Court found that juries assume that people who report sexual abuse are more credible. The court found that this testimony would be relevant to the credibility of the victim.

In most Massachusetts criminal cases, statements that a victim told to a third party would be hearsay excluded from evidence. In a sexual assault or indecent assault and battery charge, this normal rule of evidence does not apply and the courts will allow testimony of a person who was told about the incident as long as that person was the first person told by the victim, the first complaint witness.

Charges of indecent assault and battery in Massachusetts are complicated trials involve complex legal issues; if you of questions about how indecent assault and battery charges are defended at trial in Massachusetts, you can call attorney Delsignore at (617) 694-6287.