Commonwealth v. BuonoAnnotate this Case
The Supreme Judicial Court reversed the superior court judge's allowance of Defendant's motion to dismiss three indictments against him for statutory rape and three indictments for forcible rape of a minor for three crimes he allegedly committed against a student in the 1980s, holding that the Commonwealth's evidence established probable cause for only two separate incidents rather than three.
At issue in this case were certain provisions of a statute that sets a twenty-seven year statute of limitations on sex crimes against children, a requirement of corroborating evidence if the crimes are charged after the limitation period has expired, and a tolling provision. The Supreme Judicial Court held (1) the tolling provision in Mass. Gen. Laws ch. 277, 63 does not apply to the requirement that child rape charges brought more than twenty-seven years after the commission of the alleged crime be supported by
corroborating evidence; (2) the evidentiary requirement of section 63 requires the Commonwealth to present the corroborating evidence to the grand jury; (3) the Commonwealth presented sufficient corroborating evidence to the grand jury in the instant case; and (4) the Commonwealth's evidence established probable cause for only two alleged incidents.