Massachusetts Superior Court
12 Mass. L. Rptr. 461 (2000)
Sarah Johnson (plaintiff) filed suit for assault and battery against Christopher Queenan (defendant) claiming that he had raped her in a bedroom while attending a private party. Johnson claimed that although she repeatedly told Queenan that she did not want to have intercourse with him he forcefully held her down and raped her. Queenan only admitted to consensual kissing while the pair was in the bedroom, but acknowledged that Johnson left the room crying. Upon leaving the bedroom, Johnson located her friend, Ryan Dadmun, who was also at the party, and told him what had happened. Dadmun drove Johnson home. The next day, Johnson and another friend, Staci Scolovino, took Johnson to the local emergency room. Dr. Ingrid Balcolm and a nurse, Heidi Crim, examined and treated Johnson in accordance with the state’s sexual assault protocol, which included reporting the incident to the police. As part of the criminal investigation, Detective Michael Perron met with Johnson privately to discuss her account of the events. Detective Perron also encouraged Johnson to talk to her parents and accompanied her home where Johnson told her mother what had happened. The police charged Queenan with rape and assault and battery, however, the Grand Jury did not issue an indictment against him. After Johnson filed her civil suit, Queenan filed a counterclaim for slander and abuse of privilege. Johnson filed a motion for summary judgment on Queenan’s counterclaim.
Rule of Law
Holding and Reasoning (Grabau, J.)
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