Opinion

Commonwealth v. Washington

  • 28 Mass. App. Ct. 271
  • 549 N.E.2d 446
  • 1990 Mass. App. LEXIS 81
Court
Massachusetts Appeals Court
Filed
Feb 8, 1990
Status
Published
Author
Brown
On the bench
Brown, Smith, Fine
Cited by
13 cases
Authority
More cited than 9.9%

holding that when witness credibility is key, child may testify on reasons for delayed reporting

How later courts described this case

  • holding that when witness credibility is key, child may testify on reasons for delayed reporting
  • cautioning that even where race has probative value, this value must be weighed against potential prejudice to the defendant
  • victim’s purported fear of black people was probative of why she did not complain to certain individuals that she had been raped
  • “A rape victim may testify as to the reason she failed to seek help or make a prompt report of the rape”; “... where the victim’s credibility on consent was the *497 key issue at trial, the reason for her reluctance to report her predicament to those ... in a position to help her was highly probative.... ”

Written by the judges who cited it.

The opinion

Brown, J.

(concurring). I find most objectionable the manner in which the prosecutor framed his questions in an effort to bring out the reasons why the victim did not seek assistance when in her perilous situation. The prosecutor prompted the witnesses by subtly injecting the racial character of the neighborhood and the persons. I would be much more comfortable if the prosecutor had not initially asked *276 the victim and the other witness such questions as “what type [sz'c] of person” and “what kind [sz'c] of neighborhood” were involved in this matter. It cannot be said too often that care must be taken not to exploit, even inferentially, latent racial paranoia. I again harken back to the advice (constantly repeated) of our Supreme Judicial Court: There is no substitute for advance preparation. Cf. Commonwealth v. Haas, 373 Mass. 545 , 557 & n.11 (1977).

I reluctantly concur, however, because of (1) the paucity of the objections to the inappropriately phrased questions and (2) the lack of objections to the closing argument and the judge’s instructions and because, in light of the sensitive and careful “individual voir dire [of] each potential juror on the subject of racial bias,” it is difficult to conclude that there was a substantial risk of a miscarriage of justice.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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