Man charged in the Bristol County New Bedford District Court for:
- 3 Counts of Indecent Assault and Battery on a Child Under 14, in violation of M.G.L. c. 265, § 13B
A man was in a long-term relationship with his girlfriend who had a daughter, who he viewed and treated as a stepdaughter. He had been in her life since age 3. When the stepdaughter turned thirteen, she alleged that the man sexually assaulted her on 3 different occasions. On one occasion, she alleged she was sleeping in the man’s bed and woke up to find his hand in her pants and on her private parts. Second, she alleged the man slapped her butt on numerous occasions while she was walking down the stairs in their house. Third and lastly, she alleged one night she fell asleep on the couch. The man picked her up to carry her upstairs to bed, and while doing so, touched her private area over her clothes. Based on these allegations alone, the man was charged with 3 counts of Indecent Assault and Battery on a Child Under 14. He retained Massachusetts Sex Assault Defense Attorney, John L. Calcagni III, to defend him in his case.
Case Result: Dismissed.
During Attorney Calcagni’s investigation, he learned that this was not the first time the man’s stepdaughter claimed she was sexually assaulted. On a prior occasion, she made an allegation against another man, recanted her testimony, and the case was never prosecuted. On a second occasion, she alleged she was sexually assaulted by a different man who was prosecuted, but she failed to appear for trial, causing the case to be dismissed. Following further investigation, and after speaking with the girl’s mother, Attorney Calcagni learned that she told her mother that her allegations against the man were false. Attorney Calcagni then caused the girl to be interviewed as part of a defense investigation and confirmed her recantation. As a result, Attorney Calcagni and his team successfully advocated for the dismissal of this case on the morning of trial.