STATUTORY RAPE: NOLLE PROSEQUI
STATUTORY RAPE: NOLLE PROSEQUI

On March 16, 2001, the alleged victim #1 came into the Stoughton Police Station and reported that her ex-boyfriend (defendant) had assaulted her several times for not performing oral sex on him and that the Defendant slapped her and she sustained bruises. Alleged victim #1 stated that she had a sexual relationship with the Defendant when she was 14 years-old and he was 17 years-old. She stated that they had sexual intercourse more than five times, she performed oral sex on him, and she described other sexual acts that they engaged in. Alleged victim #1 stated that she reported the abuse because her friend (alleged victim #2) was recently raped by the Defendant.

On April 23, 2001, Stoughton Police interviewed victim #2 who stated that one occasion she was over her girlfriend’s house when the Defendant and his friend came over. She reported that the Defendant got into bed with her and he began to touch her breasts over her t-shirt and she told him not to touch her. She stated that the Defendant put his hand down the front of her pants under her underwear and inserted his fingers into her vagina and she kept telling him to stop it and to get off of her. The Defendant hen pulled her onto her back and pulled down her pants and underwear and he inserted his penis into her vagina for approximately 10 minutes. Victim #2 states that the Defendant took her to his house against her will. At his house, she states that the Defendant forced her to perform oral sex on him and then had vaginal intercourse with her for approximately 10 minutes and he ejaculated on her stomach.

Through pretrial discovery and investigation, Attorney Gerald J. Noonan discovered that the alleged victim had psychological problems and memory loss that seriously undermined her credibility. Attorney Noonan filed Motions demanding that the District Attorney’s Office produce notes taken by the Assistant District Attorney’s and Victim Witness Advocates of their interviews with the alleged victim, as they were exculpatory. The District Attorney’s Office refused to produce their notes. Because of the alleged victim’s psychological problems, she could not recall certain key things due to memory loss. Attorney Noonan convinced the District Attorney’s Office to Nolle Pross the case because they did not have a good faith basis to go forward due to the alleged victim’s psychological issues, her memory loss, and the lateness of her disclosure to police. At the time, Defendant was serving his country in the United States Navy.

At the hearing in which the Commonwealth entered a Nolle Pross, Attorney Noonan demanded that the court enter an order compelling the Commonwealth to preserve all their notes concerning their interviews with the alleged victim, as they were extremely exculpatory. Attorney Noonan wanted to create a record of the alleged victim’s bad credibility in the event that the Commonwealth decided years later to prosecute the case years later. The Court declined the request but Attorney Noonan created a record in open to protect his client’s rights in the event of any future prosecution.

Result: Commonwealth entered a Nolle Prosequi on Statutory Rape charges, which means that the indictment is withdrawn – meaning that if circumstances change, a prosecution could be initiated again.