HENNESSEY, C.J.
The defendant is charged with committing an indecent assault and battery on a child under the age of fourteen, G.L.c. 265, § 13B. After a finding of guilty in a jury-waived trial, the defendant appealed to a jury of six session of the District Court for a trial de novo. See G.L.c. 278, § 18. Prior to trial to a jury of six, the Commonwealth filed a motion to exclude evidence of consent on the
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