A juvenile was charged in the Bristol County; New Bedford Juvenile Court for:
- Rape of a Child – M.G.L. c. 265, § 23
Amended to: Indecent Assault & Battery on a Person 14 or Over – M.G.L. c. 265, § 13H
Police received a report that a young man, 12 years old at the time, placed his hands down his pants and was playing with his penis, when his stepsister, 4 years old at the time, placed her mouth on his penis. Although the young man and his stepsister did not live together, they would frequently spend time together on the weekends. One weekend when the two were in the living room alone, it was alleged that this sexual interaction took place. The incident first came to light when the stepsister reported the incident to her parents. Since the situation involved minors and both sides of the family were close, it was their intention to deal with it within the family; however, during one of the young man’s therapy sessions, while he was present with his mother, the incident came up and he confirmed that it occurred. The therapist then reported it to the police and the young man was charged with Rape of a Child in New Bedford Juvenile Court. The young man’s family retained the MA Law Office of John L. Calcagni III to represent him in his case.
Case Result: Dismissed.
After lengthy negotiations with the Commonwealth, Calcagni’s office successfully secured its agreement to amend the charge to Indecent Assault & Battery on a Person 14 or Over (a lesser included offense), and then successfully motioned the Court to dismiss the case for lack of prosecution.