Massachusetts Supreme Judicial Court
March 2, 2011
459 Mass. 21
Rape, Joint Enterprise, Double jeopardy, Joint Venturer, Deoxyribonucleic Acid (DNA), Consent
The grand jury returned three indictments against the defendant for aggravated rape. The first indictment charged the defendant with aggravated rape for the sexual intercourse he committed with the alleged victim. The second and third indictments charged the defendant with aggravated rape for the sexual acts committed by his alleged joint venturers. At trial, the jury was not able to reach a unanimous verdict, so the judge declared a mistrial. The defendant moved to dismiss the indictments arguing that because the evidence presented at the trial was legally insufficient, double jeopardy barred a retrial. The trial court granted the defendant’s motion as to all of the charges except for the lesser included charge of rape in the first indictment. The Supreme Judicial Court (SJC) affirmed the trial court’s ruling.
