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Commonwealth v. Eric Baxter

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eBook details

  • Title: Commonwealth v. Eric Baxter
  • Author : Appeals Court of Massachusetts
  • Release Date : January 08, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Rape. Rape-Shield Statute. Evidence, Impeachment of credibility, Relevancy and materiality, Communication between patient and psychotherapist, Privileged communication. Witness, Credibility, Privilege, Psychiatric examination. Privileged Communication. PERRETTA, J. At his jury trial on an indictment charging him with rape, the defendant conceded to having sexual intercourse with the complainant in an upstairs bedroom of his friend's house but claimed the complainant consented. He attempted to show that the complainant had been raped a year earlier by a man named Eric in an upstairs bedroom of a house where a group of people had gathered for a party, that as a consequence of the prior rape, the complainant experienced psychiatric problems which included flashbacks, and that her flashbacks had a significant impact on her ability to distinguish the events in question from the past act. The trial Judge excluded this evidence on relevancy grounds, that is, as the complainant's allegation of a prior rape was in fact truthful, it had no relevancy on the issue of her credibility. We reverse the conviction.


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