Charges of Indecent Assault and Battery on a Person Over 14 and Assault and Battery Dismissed

Our client is 83 years old living in the greater Boston area. In May of 2025 a woman claimed that while jogging near a park our client stopped her by pushing her, kissed her on the cheek and grabbed her breasts over her clothes. Our client denied the allegations and was charged with indecent assault and battery on a person over 14, G.L. c. 265 §13H and assault and battery, G.L. c. 265 §13A. It became apparent that our client’s memory and cognitive functioning was impaired. Accordingly, we arranged to have him evaluated by a forensic psychologist. These findings, along with his recent medical records confirmed that he suffers from dementia, a condition that will never improve. Accordingly we filed a motion to dismiss under G.L. c. 123 §16(f). That section permits a judge to dismiss a matter over the objection of the prosecution if it is determined that the defendant will never be competent to stand trial. The motion was allowed and all charges were dismissed. 

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