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Panel hears challenge to sufficiency of testimony for sex-offense penetration element

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Summary

Appeals court considered whether testimony by a 14-year-old—using nontechnical terms such as "front private" and "cookie"—was sufficient as a matter of law to establish the penetration element of a sexual-offense charge.

The panel heard Commonwealth v. Hector Heredia Alamo, docket 24P354 (partially impounded). Counsel for the defense argued the testimony was too general to prove the statutory penetration element required for the indicted sexual offense, while the Commonwealth maintained circumstantial evidence and the victim’s descriptions were sufficient.

Defense counsel argued that the victim’s language—she said the defendant “licked her front private” and also stated “[he] did not put his finger in my front…

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