ASSAULT with INTENT TO RAPE: DISMISSED

Police were dispatched to Middle-High School to speak with the Assistant Principal with regards to allegations of sexual assault in which six students reported to the Principal that the Defendant (eighth greater) had been touching and grabbing their butts and making sexual comments to them. This was described as a pattern of sexual harassment that had taken place over the period of months. One of the alleged victim-students told the Principal that the Defendant tried to put his hand in her pants. The alleged victim later told police that the Defendant exposed his penis and said, “I want to fuck you” and had touched her breasts on occasion. One witness provided a statement that the Defendant had the alleged victim on the floor of the locker room and was humping her and fingering her. The alleged victim resisted, tried to push him off, and she couldn’t breathe. The Defendant was charged with Assault with Intent to Rape and two counts of Indecent Assault and Battery. Attorney Gerald J. Noonan filed and argued a Motion to Dismiss the Assault with Intent to Rape charge on the grounds that there was insufficient evidence to support that charge based upon all the discovery that the Commonwealth provided and the evidence that the Commonwealth intended to present at trial. The judge agreed and dismissed the criminal complaint charging the Defendant with Assault with Intent to Rape. The Commonwealth was forced to proceed on the remaining two counts of Indecent Assault and Battery.

Result: Attorney Gerald J. Noonan gets Assault with Intent to Rape charge dismissed against juvenile. “School assault prompts probe.”