Sexual assault, also referred to as rape is a serious crime which is handled by the Superior Courts. The trajectory of the case is significantly influenced by the victim, also known as the complaining witness. If the victim expresses his or her desire not to be involved with the case, this puts the State, aka Commonwealth on notice that prosecution may not be viable. This is dependant on many factors including evidence. Regardless of the strength of the case it never results in an immediate and outright dismissal of the charges. District and Municipal Courts don’t have jurisdiction for rape charges. This simply means, those courts aren’t allowed to decide the case. To stay in District Court the charge would have to be reduced to indecent assault and battery. The prosecutor simply motions, or asks the court to reduce or amend the charge. Then the case proceeds in the District Court until its conclusion. Alternatively, a grand jury hears some of the evidence and decides whether the case should proceed. If an indictment is returned, the case moves to Superior Court. Rape and indecent assault and battery cases typicallyt only conclude or “end” in a couple of ways.
1. If witnesses cannot be located or can be located but refuse to participate in the process, the case is typically dismissed. This dismissal is called a DWOP -Dismissed For Want of Prosecution. DWOP is often the end of criminal proceedings but in some cases, the charges are refiled by the prosecution. This is within their discretion because dismissals like this are almost always “without prejudice” That means there is nothing prejudicing or preventing the Commonwealth from refiling the case.
2. Trial is the other means to end a case. The accused has a choice, trial by jury, or bench trial, where only a judge decides the case. In district court, six jurors are seated, twelve in Superior Court. All members of the jury must agree. Their verdict must be unanimous. If the jury can’t agree, that’s a hung jury/mistrial. It’s not a conviction or an acquittal, but it can signal the end of the case. In some cases the prosecution opts to retry the case. If the jury in this second trial returns a verdict of not guilty, the case is dismissed, “with prejudice”.
Alternative resolutions are uncommon in rape and indecent assault and battery cases. Plea offers that don’t result in convictions are seldom offered, though resolutions which do not result in jail or prison are not uncommon. If found guilty of rape or indecent assault and battery, Massachusetts law requires registration as a sex offender.