Commonwealth v. Ruffen, 507 N.E.2d 684 (Mass. 1987). · Go Syfert
Commonwealth v. Ruffen, 507 N.E.2d 684 (Mass. 1987). Cases Citing This Book View Copy Cite
116 citation events (53 in the last 25 years) across 19 distinct courts.
Strongest positive: Commonwealth v. Lopez (massappct, 2017-05-24)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Commonwealth v. Lopez
Mass. App. Ct. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the victim had been sexually abused in the past in a manner similar to the abuse in the instant case, such evidence would be admissible at trial because it is relevant on the issue of the victim's knowledge about sexual matters
examined Cited as authority (verbatim quote) Commonwealth v. Dirgo
Mass. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the victim had been sexually abused in the past in a manner similar to the abuse in the instant case, such evidence would be ... relevant on the issue of the victim's knowledge about sexual matters
examined Cited as authority (verbatim quote) Commonwealth v. Wray (2×)
Mass. App. Ct. · 2015 · signal: see · quote attribution · 2 verbatim quotes · confidence high
ur 'constitution requires that a defendant be permitted to introduce evidence which may materially affect the credibility of the victim's testimony
discussed Cited as authority (verbatim quote) Commonwealth v. Sealy
Mass. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
the constitution requires that a defendant be permitted to introduce evidence which may materially affect the credibility of the victim's testimony
examined Cited as authority (verbatim quote) Commonwealth v. Polk (2×) also: Cited as authority (rule)
Mass. · 2012 · quote attribution · 1 verbatim quote · confidence high
despite the general statutory policy prohibiting inquiry into a victim's prior sexual experiences, the constitution requires that a defendant be permitted to introduce evidence which may materially affect the credibility of the victim's testimony
examined Cited as authority (verbatim quote) State v. Warren (2×) also: Cited as authority (quoted)
Me. · 1998 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
absent such a showing by the defendant of prior similar sexual abuse, it is difficult to envision a situation where evidence of the details of past sexual abuse would be relevant.
examined Cited as authority (verbatim quote) State v. Budis (2×) also: Cited as authority (quoted)
N.J. Super. Ct. App. Div. · 1990 · quote attribution · 2 verbatim quotes · confidence high
yet, despite the general statutory policy prohibiting inquiry into a victim's prior sexual experiences, the constitution requires that a defendant be permitted to introduce evidence which may materially affect the credibility of the victim's testimony.
examined Cited as authority (quoted) State of Iowa v. Lawrence Eugene Walker
Iowa · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence low
if the victim had been sexually abused in the past in a manner similar to the abuse in the instant case, such evidence would be admissible at trial because it is relevant on the issue of the victim's knowledge about sexual matters.
discussed Cited as authority (rule) Commonwealth v. Jose Arce
Mass. Super. Ct. · 2023 · confidence medium
In Savage, also a child sexual abuse case, the defendant argued, unsuccessfully; "that his counsel was ineffective in not pursuing other incidents of abuse, predating the defendant's· contact with the victim, which could have explained the victim's precocious familiarity with particular sexual terms and acts." Savage, 51 Mass. App. Ct. at 503, citing Commonwealth v. Ruffen, 399 Mass. 811, 816 (1987).
discussed Cited as authority (rule) Westley v. State (2×)
Md. Ct. Spec. App. · 2021 · confidence medium
See, e.g., State v. Jeffries, 156 N.E.3d 859, 861 (Ohio 2020), cert. denied, 141 S. Ct. 1085 (2021) (“We hold that Ohio’s rape-shield law unambiguously applies to both consensual and nonconsensual sexual activity.”); State v. Jones, 490 N.W.2d 787, 790 (Iowa 1992) (holding that the term “sexual behavior” includes a victim’s past sexual abuse under Iowa law), overruled on other grounds by State v. Plain, 898 N.W.2d 801 (Iowa 2017); State v. Pulizzano, 456 N.W.2d 325, 329 (Wis. 1990) (“The prior sexual assault M.D. experienced clearly constitutes ‘sexual conduct’ as that term i…
cited Cited as authority (rule) Ronald K. Polaski v. Commonwealth
Va. Ct. App. · 2009 · confidence medium
Ruffen, 507 N.E.2d at 815 (emphasis added).
discussed Cited as authority (rule) Commonwealth v. Martin
Mass. App. Ct. · 2009 · confidence medium
“The curative admissibility doctrine allows a party harmed by incompetent evidence to rebut that evidence ... if the original evidence created significant prejudice.” Commonwealth v. Ruffen, 399 Mass. 811, 813-814 (1987).
discussed Cited as authority (rule) Commonwealth v. Beaudry
Mass. · 2005 · confidence medium
The Commonwealth argues that Commonwealth v. Ruffen, 399 Mass. 811, 814 (1987), implicitly acknowledges that young children are not expected to know about sexual activities and the physiology of adult genitalia and thus is authority for its argument.
discussed Cited as authority (rule) Commonwealth v. Reed (2×) also: Cited "see"
Mass. · 2005 · confidence medium
On appeal the defendant now contends that his denial should have been admitted through the doctrine of “curative admissibility.” See Commonwealth v. Ruffen, 399 Mass. 811, 812-814 (1987).
cited Cited as authority (rule) Commonwealth v. Edwards
Mass. · 2005 · confidence medium
Commonwealth v. Ruffen, 399 Mass. 811, 813-814 (1987).
discussed Cited as authority (rule) Hale v. State
Tex. App. · 2004 · confidence medium
See, e.g., State v. Dodson, 219 Wis.2d 65 , 580 N.W.2d 181, 191 (1998); State v. Budis, 125 N.J. 519 , 593 A.2d 784, 791 (1991); Commonwealth v. Ruffen, 399 Mass. 811 , 507 N.E.2d 684, 688 (1987); State v. Howard, 121 N.H. 53 , 426 A.2d 457, 462 (1981).
discussed Cited as authority (rule) Jeffrey Paul Hale v. State
Tex. App. · 2004 · confidence medium
See, e.g. , State v. Dodson , 580 N.W.2d 181, 191 (Wis. 1998); State v. Budis, 593 A.2d 784, 791 (N.J. 1991); Commonwealth v. R uffen , 507 N.E.2d 684, 688 (Mass. 1987); State v. Howard , 426 A.2d 457, 462 (N.H. 1981).
discussed Cited as authority (rule) Dolinger v. Hall
1st Cir. · 2002 · confidence medium
Id. at 2 (citing Commonwealth v. Ruffen, 899 Mass. 811 , 507 N.E.2d 684, 687-88 (Mass.1987) (“If the [ten-year-old] victim had been sexually abused in the past in a manner similar to the abuse in the instant case, such evidence would be admissible at trial because it is relevant on the issue of the victim’s knowledge about sexual matters.”) (emphasis added)).
discussed Cited as authority (rule) Commonwealth v. Savage (2×) also: Cited "see"
Mass. App. Ct. · 2001 · confidence medium
The defendant complains that counsel was constitutionally ineffective because he failed to utilize this information to pursue either a Bohannon argument (prior false allegation of rape), Commonwealth v. Bohannon, 376 Mass. 90, 92-96 (1978), S.C., 385 Mass. 733 (1982), or a Ruffen argument (precocious familiarity with sexual terminology prior to the alleged abuse by defendant), Commonwealth v. Ruffen, 399 Mass. 811, 815 (1987); Commonwealth v. Scheffer, 43 Mass. App. Ct. 398, 398-401 (1997), to buttress the defense theory that the victim fabricated the allegations because he was angry and upset…
discussed Cited as authority (rule) State v. Grovenstein
S.C. Ct. App. · 2000 · confidence medium
A defendant therefore must be permitted to rebut the inference a jury might otherwise draw that the victim was so naive sexually that she could not have fabricated the charge.”); Commonwealth v. Ruffen, 399 Mass. 811 , 507 N.E.2d 684, 687-88 (1987) (“If a defendant challenges the reliability of a child’s testimony about sexual abuse, it is unfair to deprive him of the right to show that the child had personal knowledge of sexual acts and terminology....
discussed Cited as authority (rule) Grant v. Demskie
S.D.N.Y. · 1999 · confidence medium
See, e.g., State v. Oliver, 158 Ariz. 22 , 760 P.2d 1071, 1077-78 (1988) (en banc); People v. Hill, 289 Ill.App.3d 859 , 225 Ill.Dec. 244 , 683 N.E.2d 188 , 192 , appeal denied, 175 Ill.2d 540 , 228 Ill.Dec. 722 , 689 N.E.2d 1143 (1997); State v. Jones, 490 N.W.2d 787, 791 (Iowa 1992) (“Given the age [13] of the victim at the time she testified, the education and counseling she had received in the interim between the abuse and the trial, and the rather inexplicit nature of the testimony, ... we find it unlikely that a jury would infer that the victim could only describe the act because [defe…
discussed Cited as authority (rule) Matz v. State
Tex. App. · 1999 · confidence medium
See, e.g., State v. Dodson, 219 Wis.2d 65 , 580 N.W.2d 181, 191 (1998); State v. Budis, 125 N.J. 519 , 593 A.2d 784, 791 (1991); Commonwealth v. Ruffen, 399 Mass. 811 , 507 N.E.2d 684, 688 (1987); State v. Howard, 121 N.H. 53 , 426 A.2d 457, 462 (1981).
cited Cited as authority (rule) Commonwealth v. Walker
Mass. · 1997 · confidence medium
Commonwealth v. Ruffen, 399 Mass. 811, 815 (1987).
cited Cited as authority (rule) Commonwealth v. Scheffer
Mass. App. Ct. · 1997 · confidence medium
Commonwealth v. Ruffen, 399 Mass. 811, 815 (1987).
discussed Cited as authority (rule) Judge Rotenberg Educational Center, Inc. v. Commissioner of Department of Mental Retardation
Mass. · 1997 · confidence medium
“The curative admissibility doctrine allows a party harmed by incompetent evidence to rebut that evidence only if the original evidence created significant prejudice.” Commonwealth v. Ruffen, 399 Mass. 811, 813-814 (1987) (failure to permit defendant to cross-examine police officer about defendant’s statements prejudicial).
discussed Cited as authority (rule) Commonwealth v. Walker
Mass. App. Ct. · 1997 · confidence medium
The defendant had failed to put down any reasonable foundation of prior similar sexual abuse, see Commonwealth v. Ruffen, 399 Mass. 811, 815-816 (1987), and thus he fails to pass the threshold of “reasonable suspicion and a good faith basis for the inquiry” referred to in that opinion. 3.
discussed Cited as authority (rule) Commonwealth v. Costello (2×)
Mass. App. Ct. · 1994 · confidence medium
The defendant’s reliance on Commonwealth v. Ruffen, 399 Mass. 811, 814-817 (1987), is not warranted.
discussed Cited as authority (rule) Commonwealth v. Swain
Mass. App. Ct. · 1994 · confidence medium
L. c. 233, § 21B, may also have to be addressed together with exceptions to that statute, see Commonwealth v. Ruffen, 399 Mass. 811, 814-817 (1987), and along with issues of whether such accusations are relevant, see id. at 816 ; Commonwealth v. Baxter, ante 45 (1994). 14 An expert called by the prosecution agreed, without objection, that certain facts she was asked to assume, which were based on previously admitted evidence, would not be “inconsistent with a child who was sexually abused from age five to approximately age fourteen by her father.”
discussed Cited as authority (rule) Commonwealth v. Cross
Mass. App. Ct. · 1992 · confidence medium
See Chandler v. Florida, supra at 575 ; Commonwealth v. Burden, supra. 4 Defense counsel’s argument that he was attempting to show that the fifteen year old complainant was sexually active, in the circumstances, did not constitute a basis for admission pursuant to Commonwealth v. Ruffen, 399 Mass. 811, 815-816 (1987).
discussed Cited as authority (rule) Commonwealth v. Gauthier
Mass. App. Ct. · 1992 · confidence medium
This was no trifling procedural omission; the sharply limited exception to the rape-shield statute is not to be made available on the basis of surprise and snap reaction by a trial judge. 4 Nor was the excluded question admissible on the basis of the principle described in Commonwealth v. Ruffen, 399 Mass. 811, 814-815 (1987), that if a child displays knowledge of sexual matters beyond her or his years, evidence of prior sexual experience may be received to show that the knowledge could have been acquired from occasions other than the one complained of involving the defendant.
examined Cited as authority (rule) State v. Budis (6×) also: Cited "see, e.g."
N.J. · 1991 · confidence medium
See, e.g., State v. Oliver, 158 Ariz. 22, 28 , 760 P. 2d 1071, 1077 (1988) (evidence of prior sexual abuse relevant to show ability to fabricate); State v. Jacques, 558 A.2d 706, 708 (Me.1989) (prior sexual abuse of victim admissible to rebut the inference of child’s inability to describe accurately acts of sexual intercourse); Ruffen, supra, 399 Mass, at 815, 507 N.E.2d at 687 (prior sexual abuse of ten-year-old relevant to show child’s personal knowledge of sexual acts and terminology); Summit v. State, 101 Nev. 159, 163-64 , 697 P.2d 1374, 1377 (1985) (evidence of prior sexual abuse rel…
cited Cited as authority (rule) Burke v. Memorial Hospital
Mass. App. Ct. · 1990 · confidence medium
See Commonwealth v. Wakelin, 230 Mass. 567, 576 (1918); Commonwealth v. Ruffen, 399 Mass. 811, 812-814 (1987); Liacos, Massachusetts Evidence 444 (5th ed. 1981 & Supp. 1985).
cited Cited as authority (rule) Commonwealth v. Redgate
Mass. App. Ct. · 1988 · confidence medium
Should the case be tried again, the issue could be explored in a preliminary fashion through a voir dire as prescribed in Commonwealth v. Ruffen, 399 Mass. 811,814-816 (1987).
cited Cited "see" Commonwealth v. Beaudry
Mass. App. Ct. · 2005 · signal: see · confidence high
See Commonwealth v. Ruffen, 399 Mass. 811, 815 (1987); Commonwealth v. Scheffer, 43 Mass. App. Ct. 398, 399 (1997).
cited Cited "see" Vassallo v. Baxter Healthcare Corp.
Mass. · 1998 · signal: see · confidence high
See Commonwealth v. Ruffen, 399 Mass. 811, 813-814 (1987).
cited Cited "see" Commonwealth v. Pearce
Mass. App. Ct. · 1997 · signal: see · confidence high
See Commonwealth v. Ruffen, 399 Mass. 811, 814-816 (1987).
cited Cited "see" State v. Berrocales
N.H. · 1996 · signal: see · confidence high
See Commonwealth v. Ruffen, 507 N.E.2d 684, 687-88 (Mass. 1987).
discussed Cited "see" Commonwealth v. Henry
Mass. App. Ct. · 1994 · signal: see · confidence high
See Commonwealth v. Tuitt, 393 Mass. 801, 809 (1985). 3 In Commonwealth v. Ruffen, 399 Mass. 811, 813-814 (1987), on which the defendant relies for support, the court stated that “the curative admissibility doctrine allows a party harmed by incompetent evidence to rebut that evidence only if the original evidence created significant prejudice.” Without a showing that some evidence presented was incompetent, the defendant’s reliance on this doctrine is misguided. 4 The defense request for a consciousness of guilt instruction included the following: “In considering whether evidence that …
discussed Cited "see" Commonwealth v. Pyne
Mass. App. Ct. · 1993 · signal: see · confidence high
See Commonwealth v. Ruffen, 399 Mass. 811, 814-816 (1987); An-not., Admissibility of Evidence That Juvenile Prosecuting Witness in Sex Offense Case Had Prior Sexual Experience for Purposes of Showing Alternative Source of Child’s Ability to Describe Sex Acts, 83 A.L.R.4th 685 (1991).
cited Cited "see" Commonwealth v. Rathburn
Mass. App. Ct. · 1988 · signal: see · confidence high
See 399 Mass. at 814 .
discussed Cited "see, e.g." Commonwealth v. Baxter
Mass. App. Ct. · 1994 · signal: see also · confidence medium
See also Commonwealth v. Ruffen, 399 Mass. 811, 814-816 (1987); Commonwealth v. Stockhammer, 409 Mass. at 875-877, 879 ; Commonwealth v. Cardoza, 29 Mass. App. Ct. 645, 648-649 (1990); Commonwealth v. Thevenin, 33 Mass. App. Ct. 588, 593-594 (1992). 3.
discussed Cited "see, e.g." Commonwealth v. Thevenin
Mass. App. Ct. · 1992 · signal: see, e.g. · confidence medium
See, e.g., Commonwealth v. Ruffen, 399 Mass. 811, 814-816 (1987) (proffered evidence of previous sexual abuse admissible to show how child victim had acquired familiarity with sexual matters); Commonwealth v. Stockhammer, 409 Mass. 867, 875-877, 879 (1991) (proffered evidence had a tendency to prove bias and motivation to lie); Commonwealth v. Cardoza, 29 Mass. App. Ct. 645, 648-649 (1990) (proffered evidence relevant to the defendant’s claim of misidentification).
discussed Cited "see, e.g." State v. Jacques (2×)
Me. · 1989 · signal: see, e.g. · confidence low
See, e.g., Commonwealth v. Ruffen, 399 Mass. 811 , 507 N.E.2d 684 (1987); State v. Peterson, 35 Wash.App. 481 , 667 P.2d 645 (1983); State v. Carver, 37 Wash.App. 122 , 678 P.2d 842 (1984); State v. Baker, 127 N.H. 801 , 508 A.2d 1059 (1986).
Retrieving the full opinion text from the archive…
Commonwealth vs. William A. Ruffen
Massachusetts Supreme Judicial Court.
May 12, 1987.
507 N.E.2d 684
Maureen B. Brodoff, Committee for Public Counsel Services, for the defendant., Edward F. Connelly, Assistant District Attorney, for the Commonwealth.
Hennessey, Wilkins, Liacos, Abrams, Nolan, Lynch, O'Connor.
Cited by 56 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #28,089 of 633,719
Citer courts: Supreme Court of Iowa (1) · Supreme Judicial Court of Maine (1) · New Jersey Superior Court App … (1)

Lead Opinion

[*812] Nolan, J.

The defendant was convicted of indecent assault and battery on a child under fourteen, rape of a child by force, and unnatural and lascivious acts with a child under sixteen. The Appeals Court affirmed the convictions. 21 Mass. App. Ct. 90 (1985). We granted the defendant’s application for further appellate review. We reverse and order a new trial.

The defendant challenges two evidentiary rulings made by the trial judge.

1. Admissibility of the defendant’s denial. The victim, then ten years old, lived in an apartment with her mother and her mother’s boy friend. The defendant, a friend of the boy friend, occasionally slept overnight on the living room sofa in the mother’s apartment. The victim told her mother that during the summer of 1981 the defendant had been sexually molesting her at night and had threatened to kill her if she told her mother. When the victim’s mother confronted the defendant regarding her daughter’s story, the defendant simply left the apartment without denying any of the accusations. The victim’s mother later notified the police, but at this time the police were unsuccessful in locating the defendant. A few days later, the police located the defendant and brought him to the police station.

On direct examination at the defendant’s trial, the prosecutor questioned the investigating officer about his interrogation of the defendant at the police station: Q: “Would you tell us what occurred at that time?” A: “This time I advised him of his rights immediately, told him I was conducting an investigation into complaints against him involving ... a young girl. And at that point a confrontation took place where [the victim] related her story in front of Mr. Ruffen.” On cross-examination, the defendant attempted to introduce evidence that he denied the victim’s accusations during the confrontation described by the police officer. The prosecutor objected and the judge sustained the objection. The defendant appeals from this ruling.

Under impressive and long-standing precedent, an accused’s unequivocal denial of the crime charged is normally inadmissible in evidence. Commonwealth v. Nawn, 394 Mass. 1, 4-5 (1985), and cases cited. When Miranda warnings have been given, as they were here before the confrontation, evidence of[*813] a defendant’s denial or silence following an accusation is also inadmissible because such evidence would diminish the right to remain silent. Id. at 5. For similar reasons, “extrajudicial accusatory statements made in the presence of a defendant are not admissible as evidence against him where the defendant has denied the accusations.” Commonwealth v. Locke, 335 Mass. 106, 115 (1956). In a word, neither the accusation nor the denial is admissible.

In the present case, however, the judge allowed the prosecution to introduce evidence that the victim had a face-to-face encounter with the defendant and accused him of molesting her. The police officer testified that “a confrontation took place where [the victim] related her story in front of Mr. Ruffen.” This testimony can have no other meaning than that the victim accused the defendant of sexually abusing her. During the trial, the jury were well aware of the victim’s story, and the essence of that story was the accusation of sexual abuse made by the victim. Such an accusation should not be admitted over objection. See Commonwealth v. Pleasant, 366 Mass. 100, 102-103 (1974). See also Commonwealth v. Hosey, 5 Mass. App. Ct. 138, 140-141 (1977) (mother’s accusation that defendant sexually abused her daughter inadmissible).

The Commonwealth’s reliance on Commonwealth v. Coull, 20 Mass. App. Ct. 955 (1985), is misplaced. In that case, the Appeals Court upheld the admission of testimony of a police officer and of a social worker that they had spoken to a sexually abused child. The substance of the conversations was not admitted, and the Appeals Court concluded that the defendant suffered no harm “by the jury’s hearing those witnesses colorlessly recount the bare facts of their encounter, but not their conversations, with the victim.” Id. at 957. In the instant case, the jury heard more than the bare facts of a police officer’s encounter with the victim. The jury heard the officer testify that the victim made an accusation by relating her story in front of the defendant.

Once the jury heard the accusation, the defendant should have been allowed, under the doctrine of curative admissibility, to present testimony that he denied the accusations. The cura[*814] tive admissibility doctrine allows a party harmed by incompetent evidence to rebut that evidence only if the original evidence created significant prejudice. Commonwealth v. Valcourt, 333 Mass. 706, 719 (1956). 1 J. Wigmore, Evidence § 15, at 740-741 (Tillers rev. 1983), citing the “Massachusetts rule” announced in Mowry v. Smith, 9 Allen 67 , 68 (1864). P.J. Liacos, Massachusetts Evidence 443-444 (1981 & Supp. 1985). Although in other circumstances, we have found no error in a judge’s refusal to allow a party to introduce curative evidence (see Commonwealth v. Schnackenberg, 356 Mass. 65, 70-71 [1969]), the failure of the judge here to permit the defendant to cross-examine the police officer about the defendant’s denial of the victim’s accusations is prejudicial error for which we reverse.

2. Voir dire examinations concerning prior sexual abuse of the victim. The defendant also challenges the judge’s denial of a “motion in limine” seeking voir dire examinations of the victim and her mother to determine whether the victim had been subjected to prior sexual abuse.

The defendant’s motion for the voir dire examinations was based on information provided by the defendant’s girl friend who was also a social friend of the victim’s family. The defendant sought the voir dire examinations to determine whether there was any reliable evidence that the victim had been sexually abused in the past. The defendant contends that such evidence is relevant to the credibility of a youthful victim of sexual abuse because evidence of previous sexual abuse would rebut the assumption that children do not have knowledge about sexual matters. See State v. Peterson, 35 Wash. App. 481, 485 (1983). The defendant’s theory is that if the victim had been abused in the past, that earlier experience, rather than any experience with the defendant, would explain how she acquired sufficient information to enable her to describe acts of sexual abuse. In the absence of such an explanation, a juror might well find the defendant guilty solely, or at least partially, because of his failure to explain how the child possessed such extraordinary knowledge unless she had acquired it from the conduct with which the defendant was charged.-

[*815] Some States allow evidence of prior sexual abuse when relevant to the victim’s personal knowledge of sexual acts. See, e.g., People v. Ruiz, 71 A.D.2d 569, 570 (N.Y. 1977) (evidence that twelve year old girl had sexual intercourse with someone other than defendant was improperly excluded); State v. Padilla, 110 Wis. 2d 414, 429 (1982) (evidence of ten year old girl’s prior sexual experience not admissible where defendant made no offer of proof to show that the past incidents were so related as to be relevant). One commentator advocates admitting evidence of prior sexual conduct if similar in detail to the abuse in issue. See Galvin, Shielding Rape Victims in the State and Federal Courts: A Proposal for the Second Decade, 70 Minn. L. Rev. 763, 868 (1986); State v. Carver, 37 Wash. App. 122, 124-125 (1984) (evidence that victims had been previously sexually abused by their grandfather improperly excluded). A few States simply bar such evidence as irrelevant, confusing to the jury, and an invasion of the victim’s privacy. See, e.g., State v. Clarke, 343 N.W.2d 158, 162-163 (Iowa 1984) (evidence that “relatively young” complainant had previous sexual experience is irrelevant); People v. Arenda, 416 Mich. 1, 12 (1982) (evidence of prior sexual abuse of eight year old boy of little relevance because ability to describe sexual conduct need not be acquired solely through sexual conduct, unlike evidence of pregnancy, semen, or disease).

If a defendant challenges the reliability of a child’s testimony about sexual abuse, it is unfair to deprive him of the right to show that the child had personal knowledge of sexual acts and terminology. State v. Howard, 121 N.H. 53, 61 (1981). State v. Peterson, supra. Thus, the defendant in this case, because he had a reasonable suspicion and a good faith basis for the inquiry, should have been permitted a voir dire examination of the victim’s mother and of the victim to determine whether the victim had been sexually abused in the past. If the victim had been sexually abused in the past in a manner similar to the abuse in the instant case, such evidence would be admissible at trial because it is relevant on the issue of the victim’s knowledge about sexual matters. Id.

[*816] We do not hold, however, that evidence of prior sexual abuse of the victim is admissible at trial for all purposes. If the defendant succeeds in eliciting testimony that prior, similar sexual abuse did occur, the defendant will still be bound by the principles of relevance. P.J. Liacos, Massachusetts Evidence, supra at 408. If the defendant wishes to use evidence of the victim’s prior abuse for a purpose other than to show knowledge about sexual acts and terminology, then he will have to show how the evidence of prior abuse is relevant on that issue. Absent such a showing by the defendant of prior similar sexual abuse, it is difficult to envision a situation where evidence of the details of prior sexual abuse would be relevant. See Summitt v. State, 101 Nev. 159 (1985) (Steffen, J., concurring in part and dissenting in part). Unless the defendant is able to show how the specific details of a previous incident are relevant, he will not be allowed to question the victim about prior incidents either at a voir dire hearing or in the presence of a jury. See State v. Albert, 495 A.2d 1242, 1243 (Me. 1985).

In prosecutions for rape of a child with force (G.L. c. 265, § 22A [1984 ed.]) and indecent assault and battery on a child under fourteen (G. L. c. 265, § 13B [1984 ed.]), evidence of the victim’s sexual conduct is generally inadmissible. G. L. c. 233, § 21B (1984 ed.) (the “rape-shield statute”).[1] The rape shield statute’s protections apply to child victims as well as to adults. Commonwealth v. Frey, 390 Mass. 245, 252 (1983). Yet, despite the general statutory policy prohibiting inquiry into a victim’s prior sexual experiences, the Constitution requires that a defendant be permitted to introduce evidence which may materially affect the credibility of the victim’s testimony. See Commonwealth v. Elder, 389 Mass. 743, 750-751 (1983); Commonwealth v. Joyce, 382 Mass. 222, 230-232 (1981) (Hennessey, C.J., concurring). We have also held that a defendant may introduce evidence of a victim’s prior sexual con[*817] duct when attempting to show that the victim has made prior false accusations of rape. Commonwealth v. Bohannon, 376 Mass. 90, 95 (1978), S.C., 385 Mass. 733 (1982).

Further proceedings in the Superior Court are to be consistent with this opinion. The defendant has already demonstrated a good faith basis for the inquiry and he should be afforded a voir dire examination to determine whether there is evidence that the victim had been subjected to prior sexual abuse similar to the alleged abuse in this case. If the defendant satisfies the judge that the victim had been subjected to prior sexual abuse, such evidence with proper instructions should be admitted for the jury’s consideration. If the judge is not so satisfied, no further steps are required in this aspect of the case.

Judgments of the Superior Court reversed.

Verdicts set aside.

1

The defendant was also convicted of unnatural and lascivious acts with a child under sixteen. G. L. c. 272, § 35A (1984 ed.). The rape-shield statute does not apply to prosecutions for violation of this statute.

Concurrence in Part

Abrams, J.

(dissenting in part and concurring in part). I would not reverse the convictions but would remand the matter for a hearing on the issue whether relevant evidence as to prior abuse was wrongly excluded.

1. Error in excluding the defendant’s denial at the confrontation. I conclude, as does the court, that it was error to exclude the question whether the defendant denied the accusation when confronted by the victim at the police station. I agree with the court that neither an accusation nor a denial ordinarily is admissible. See ante at 812-813. The issue, as I see it, is whether the error so misled the jurors that the defendant’s case was significantly damaged or that the error made the trial grossly unfair. See ante at 813.1 conclude that the error neither misled the jurors nor made the trial grossly unfair.

On cross-examination, defense counsel brought out facts indicating that the defendant went voluntarily to the police station, and that, after the confrontation, the defendant was not arrested but was released by the police detective. He also elicited the facts that the defendant had always appeared in court voluntarily and that there was a hearing before a clerk[*818] prior to the issuance of the complaint. In final argument, defense counsel argued that the defendant was never arrested, that the defendant appeared in court voluntarily after being summoned, and that the defendant was relased after the confrontation by a police officer with seven years’ experience as a detective investigating rape and child abuse cases and nine years’ experience as a police officer. Defense counsel vigorously argued to the jurors that, if the complainant were not credible, there was no other evidence against the defendant. It was clear that if the victim were not credible, the Commonwealth had no case. The only reasonable inference to be drawn from the entire record is that the defendant denied the charges. The jurors were not misled and, in my view, the exclusion of the one question, while error, does not require reversal.

2. Voir dire examination concerning prior sexual abuse of the victim. I agree that there should be a hearing on whether there was past abuse and whether that abuse was similar to the abuse alleged in this case. If the defendant can show those facts, there might be grounds for a new trial because there may be credence to his theory that the child had sexual knowledge beyond her years for which the defendant was not responsible.

Simply stated, the general principle is that if a child-victim displays knowledge of sexual matters beyond his or her years,[1] and if the prior abuse is factually similar to the abuse in the case at bar the prior abuse is admissible on the issue of the victim’s knowledge of sexual matters. See State v. Padilla, 110 Wis. 2d 414, 428-429 (1982). See also State v. Peterson, 35 Wash. App. 481, 484 (1983); People v. Arenda, 416 Mich. 1, 12 (1982); Galvin, Shielding Rape Victims in the State and Federal Courts: A Proposal For the Second Decade, 70 Minn. L. Rev. 763, 868 (1986). If the child-victim does not display knowledge beyond his or her years, or if the past abuse is not factually similar to the abuse in the case at bar, the evidence is irrelevant and inadmissible.[2]

[*819] In the absence of such an offer of proof* *[3] at the voir dire, I believe the evidence of the prior sexual abuse is not relevant and not admissible at trial. “Certainly the constitutional right to confront one’s accuser does not extend so far as to entitle the defendant to engage in an unbounded and free-wheeling cross-examination in which the jury are invited to indulge in conjecture and supposition.” Commonwealth v. Chretien, 383 Mass. 123, 138 (1981).

I would not reverse the defendant’s convictions. I would remand for hearing to determine whether the evidence of past sexual abuse is relevant because it was similar to the present abuse and thus admissible on the issue whether the victim had knowledge of sexual matters beyond her years. If, after hearing, it appears that such evidence exists, the judge then should grant the defendant a new trial.

1

Such a determination is for the finder of fact.

2

The court makes a suggestion in dictum which may mislead the trial judge. Commonwealth v. Bohannon, 376 Mass. 90 (1978), S.C., 385 Mass.[*819] 733 (1982), is not relevant because the defendant does not suggest that the victim made a prior false accusation against another person and that there are independent third-party records to support such an assertion.

3

At trial, defense counsel requested a voir dire based on the ground that the child transferred the details of the prior abuse to the present alleged abuse. Defense counsel asserted in his written motion that “[he] might argue the transference of details of the actual assault to imagined attacks by the defendant.” There was no offer of proof that there would be expert testimony or other evidentiary support for the “transference theory.” In my view, the Appeals Court correctly concluded that the request for a voir dire was based on “highly theoretical suggestions. . . [which] could reasonably be regarded by the trial judge as speculative in the extreme.” Commonwealth v. Ruffen, 21 Mass. App. Ct. 90, 95 (1985). The offer of proof was insufficient on the “transference theory.” The court does not state otherwise in its opinion.