RAPE OF CHILD: DISMISSED
INDECENT ASSAULT & BATTERY: DISMISSED

The alleged victim, age 16, disclosed to her school that she had been sexually and physically abused by her step-father (Defendant) when she was younger starting when she was six years-old. The Defendant had been in the alleged victim life since she was five years-old. The alleged victim told the District Attorney’s Office that when she was 11 years-old the Defendant hit her in the face with his fist causing her lip to split open and that her mother and brother witnessed it. She stated that the Defendant drinks a lot of alcohol. She described an incident occurring a month before the interview in which the Defendant threatened to kill her. She stated that her brother was also physically abused by the Defendant and she observed bruises to her brother when the Defendant hit him. She stated that when she was 9 years-old the Defendant would wake her up in the morning when her mother had went to work and he sexually abused her by rubbing his hands and penis all over her body, including her chest and private parts. She stated that the Defendant would touch the inside and outside of her vagina with his penis and hands. She stated that the Defendant sexually abused her in this manner approximately 3-4 times a week over the span of a few months. On one occasion, Defendant caused her vagina to bleed. She stated that she did not disclose the abuse because the Defendant had threatened to kill her if she told anyone. Police interviewed the alleged victim’s mother who stated that she didn’t believe the alleged victim’s allegations. The mother stated that the alleged victim never disclosed anything to her about being sexually abused. The mother stated that the alleged victim is very destructive and gets into a lot of trouble. Police interviewed the Defendant who emphatically denied all the allegations.

Attorney Noonan filed a Motion for a Bill of Particulars because the alleged victim waited approximately eight years to make this disclosure and the time frame of the alleged offenses was extremely vague. In addition, Attorney Noonan moved to dismiss the criminal complaints because the alleged victim failed to appear at the probable cause hearing and testify under oath concerning these allegations. The Court allowed the bill of particulars but declined action on dismissing the complaints. The court did, however, order the Commonwealth to advise defense counsel (by the next court date) whether the alleged victim would be testifying. On October 19, 2005, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaints arguing that the Commonwealth failed to advise him as to whether the alleged victim intended to testify and failed to provide him with a bill of particulars pursuant to the court’s order.

Result: On October 19, 2005, Rape and sexual assault charges are dismissed.