Indecent Assault and Battery on a Child Under the Age of Fourteen Dismissed on the Day of Trial

This case was filed in 2016. The district attorney’s office alleged that a young girl was sexually assaulted by our client after returning from a trip in the summer of 2008. Based on the allegations our client was charged with one count of indecent assault and battery on a child under the age of fourteen, a felony under G.L. c. 265 section 13B. We believed in our client’s innocence from the minute we met him. It took us over two years to obtain records indicating that the complainant had been assaulted by someone other than our client. Then COVID hit and the case was delayed for another two years. Notwithstanding the information that we unearthed, the district attorney’s office insisted on pursuing the case. We had evidence that the child told the district attorney’s office that her father did this to her. We had additional evidence that the child told the district attorney’s office that her aunt’s boyfriend did this to her. We had evidence showing that the child complained that a boy in her daycare did this to her. Finally, today, the day of trial we succeeded in getting the case dismissed.

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