January 24, 2011
78 Mass.App.Ct. 631
Juvenile Court, Jurisdiction. Superior Court, Transfer hearing, First Complaint, Rape
The defendant was convicted of one count of rape of a person under sixteen by force. On appeal, the defendant challenged whether the Juvenile Court had jurisdiction, under G. L. c. 119, § 72A, to transfer the proceedings to Superior Court. The defendant also raised the issue of whether his due process rights were violated by being prosecuted in the Superior Court instead of the Juvenile Court. Lastly, the defendant argued that the trial judge erred in allowing the victim’s friend to testify about what the victim testified was the second complaint of the rape. The judgment was affirmed.