Commonwealth v. Caracciola

569 N.E.2d 774 (1991)

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Nature of the Case

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Facts

D was not a police officer. D pulled his car alongside the victim and told her to get off the street. She noticed that he was wearing a gun. She left and went to the bus station to make a telephone call. D approached her again and told the victim to get in the automobile, and she obeyed. D drove in what the victim believed to be the direction of the police station. The victim began to cry, and the defendant told her that if she did not stop crying, he would 'lock [her] up for more things than [he] was planning on.' D started to drive her home but stopped in a school parking lot instead and began to fondle her. She said she was scared and that police officers came by that area often. D said not to be afraid because he was a police officer. D made her get on top of him and have sexual intercourse. She said that she feared that if she did not do what he wanted, he would arrest her. The judge determined that there was no evidence presented to the grand jury that D used force on the victim. He concluded that the motion to dismiss should be allowed based on our decision in Goldenberg, supra. The judge did not do so. D appealed.