Criminal Sexual offenses Victim's testimony.

Byline: Mass. Lawyers Weekly Staff

Where a jury found a defendant guilty of rape of a child and indecent assault and battery on a child under the age of 14, both convictions should be affirmed because the victim's testimony alone, believed as it was by the jury, sufficed to support the convictions.

"This case involves sufficiency of the evidence to support convictions of rape of a child and indecent assault and battery on a child under the age of fourteen. The defendant was charged with rape of a child (count 1); aggravated rape of a child under the age of sixteen, ten-year age difference, to wit: penis in vaginal opening (count 2); indecent assault and battery on a child under the age of fourteen, to wit: mouth on mouth (count 3); and a second count of indecent assault and battery on a child under the age of fourteen, to wit: hand on penis (count 4). Following the close of the Commonwealth's case, the judge entered a finding of not guilty on count 3. The jury found the defendant guilty on count 1, rape of a child, and count 4, indecent assault and battery on a child under the age of fourteen. The jury found the defendant not guilty on count 2, aggravated rape of a child.

"The defendant's sole argument on appeal is that the evidence was not sufficient to support his convictions. The defendant asserts that 'there were no witnesses to the alleged assaults,' 'no physical evidence,' 'no medical or forensic evidence,' and 'no expert testimony.' He argues that 'there was absolutely no conclusive evidence presented at trial that suggested the [d]efendant's guilt beyond a reasonable doubt.'

"Notwithstanding the defendant's argument to the contrary, the victim's testimony, as credited by the jury and evidenced by their verdict, suffices to support the defendant's convictions. Surprisingly, the Commonwealth cites no case, nor have we found one, that simply states what we now hold: The sworn testimony of the victim of a sexual assault, including rape, is evidence of the facts asserted. The testifying victim is a witness. We reject the defendant's contention that corroborative, extrinsic, or forensic evidence, or expert or third-party witness testimony, is required to support a conviction of rape or sexual assault where the victim...