Commonwealth v. John Doe

By The Law Offices of Gerald J. Noonan | December 8, 2017

SEXUAL ASSAULT CHARGE AGAINST FATHER DISMISSED AFTER ATTORNEY GERALD J. NOONAN PROVES THERE WAS NO PROBABLE CAUSE THAT HIS CLIENT COMMITTED AN “INDECENT” TOUCHING OF HIS DAUGHTER.

Client’s daughter went into the police department to report that her father came into her bedroom and inappropriately touched her, as she was lying in her bed. She alleged that the Defendant grabbed her thigh and spanked her butt on the butt-cheek. Defendant was charged with the very serious offense of Indecent Assault and Battery on a person over 14 (G.L. c. 265, §13H), which is a felony carrying jail time and possible sex offender registration.

Result: At a hearing, Attorney Gerald J. Noonan introduced evidence that the daughter was upset with her father because he confronted her about smoking too much marijuana, not getting a job, and lying around the house all day. Client had loaned her money to pay her bills and she promised to pay him back with her tax refund. However, instead of paying her father back, she used her entire tax refund to buy marijuana. On the date of the incident, she smoked marijuana and was also taking prescription medication. Defendant went into her bedroom to wake her up and to ask her to clean up the mess she made in the living room, to do the dishes, and take the dog out. She refused to get out of bed, so the Defendant tapped her on the hip. On cross-examination by Attorney Noonan, she admitted that she was not sure whether he touched her on the butt and he could have touched her on the hip. Attorney Noonan introduced a text message sent by the daughter the next day in which she made inconsistent statements about the incident. Attorney Noonan also introduced evidence, through another witness, attacking the daughter’s credibility. Attorney Noonan was successful in arguing that the touching was not criminal. Specifically, the touching was not “harmful,” “offensive,” or “indecent.” After considering all the evidence, the Court ruled that there was insufficient probable cause to support the complaint for an Indecent Assault & Battery.