Indecent Assault and Battery Charges Against Non-Citizen Dismissed on Trial Date

The defendant is a non-citizen restaurant owner in Massachusetts. The complainant worked at the restaurant for many years. About fifteen months ago the complainant went to the police station to report a series of sexual assaults alleged to have been committed against her by the owner. The police department conducted a very poor, limited investigation and filed an application for a criminal complaint for indecent assault and battery under G.L. c. 265 Section 13H. If found guilty of these charges our client would likely be deported. Even a continuance without a finding would destroy the defendant’s chances of citizenship. Our office was hired to defendant the accused. Discovery and pretrial motions went on for over a year. Rape allegations were also beind considered against out client involving the same victim in accordance with G.L. c. 265 Section 22. We were able to prevent this charge from being issued. We were finally able to schedule this case for trial. Today. All charges were dismissed.

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