Criminal Charges:
Man charged in the New Bedford District Court, Dartmouth, Massachusetts, Bristol County for:
- Aggravated Rape of a Child, Five Years Age Difference, in violation of M.G.L. c. 265, § 23A;
- Aggravated Rape of a Child, Ten Year Age Difference, in violation of M.G.L. c. 265, § 23A;
- Assault to Rape a Child, in violation of M.G.L. c. 265, § 24B;
- Indecent Assault & Battery on Child Under 14, in violation of M.G.L. c. 265, § 13B;
- Indecent Assault & Battery on Child Under 14, in violation of M.G.L. c. 265, § 13B
Case Overview:
A 15-year-old came forward and made several allegations of sexual abuse against her stepfather. She informed authorities that he had been sexually assaulting her since she was in fifth grade. She described one occasion in fifth grade where he made her get into bed with him and lay on top of him. While on top of him, he started grinding on her while grunting and rubbing their genitals together over their clothes. She described a second incident in the seventh grade where he made her perform oral sex on him, and a third incident in the eighth grade where he made her get on her hands and knees and he put his penis into her rectum. Lastly, she described their final alleged sexual encounter that occurred a few weeks prior to her disclosure where he had vaginal sexual intercourse with her while rubbing her breasts and putting his hand around her neck, and ultimately ejaculated into her mouth. Based on the girl’s allegations, the stepfather was arrested and charged with Aggravated Rape of a Child, Assault to Rape, and Indecent Assault and Battery. He retained Massachusetts Sexual Assault and Criminal Defense Attorney, John L. Calcagni III, to defend him in New Bedford District Court.
Case Result: Dismissed.
After the passage of approximately 5 months of discovery review, independent investigation by the defense, strategy development, and informing the Commonwealth that the stepfather wished to testify in his own defense before a grand jury, this case was ultimately dismissed.
