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Commonwealth v. Caracciola

569 N.E.2d 774 (1991)

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Commonwealth v. Caracciola

Massachusetts Supreme Court
569 N.E.2d 774 (1991)

SH

Facts

Caracciola (defendant) was not a police officer. Caracciola pulled his car alongside the victim and told her to get off the street. The victim noticed Caracciola was wearing a gun and left for the bus station. Caracciola again approached the victim and told her to get in his car, and she obeyed. Caracciola drove in what the victim believed to be the direction of the police station. The victim burst into tears, and Caracciola told her that if she did not stop, he would “lock [her] up for more things than [he] was planning on.” Caracciola stopped in a school parking lot and began fondling the victim. The victim told Caracciola she was scared and that police officers came by that area often. Caracciola told her not to be afraid because he was a police officer. Caracciola then made her get on top of him and perform sexual intercourse. The victim testified that she feared arrest if she did not do what Caracciola wanted and, as someone with a prior criminal record, was even more terrified that she would go to jail if arrested one more time. Caracciola was indicted on a charge of rape. Caracciola filed a motion to dismiss the indictment, arguing that there was no evidence presented to the grand jury showing that Caracciola used force or the threat of force against the victim.

Rule of Law

Issue

Holding and Reasoning (Abrams, J.)

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