Commonwealth v. Gerald Porges (September 6th, 2011)
Docket #10883
Massachusetts Supreme Judicial Court
Facts: The victim was sexually assaulted and raped for three years by the defendant when they were both under 14 years old. The crimes were reported to the police in 2007 when the victim was 23 years old. A Juvenile Court judge found that there was probable cause that the defendant committed the offenses and determined that the interests of the public require that the defendant be tried for the alleged offenses, which were six charges of rape of a child with force and two charges of indecent assault and battery on a child under the age of 14. Based on the ruling in Juvenile Court the case was transferred to Superior Court, but defendant filed a motion to dismiss, claiming that there was no subject matter jurisdiction to adjudicate offenses that were allegedly committed before he was 14 years old.
Issue: Whether a person who committed an offense under the age of 14 but is over 18 when apprehended, can be prosecuted.
Yes. The Supreme Court has jurisdiction to try the person for the offense committed before the person was 14 years old and the person is apprehended after he has reached the age of 18, provided that a judge in Juvenile Court has decided that there is probable cause to believe that the person committed the crime and that the interests of the public require that the person be tried for the offense.
Analysis: Although some cases under G. L. c. 119 § 72A with defendants whose crimes have been committed before the age of 14 have “fallen through the cracks” and been dismissed, revisions to the statute in 1996 have made it clear that the Legislature does not intend to allow these crimes to go without prosecution. The statute clearly says that the Superior Court does have jurisdiction in this type of case, as long as a Juvenile Court judge rules that there is probable cause that the defendant committed the offenses and that the interests of the public require the person to be tried for the offenses rather than be discharged.
Conclusion: Motion to dismiss is denied; matter is remanded to the Superior Court for further proceedings.
Prepared by KP
