Edouard v. Kozuba

Facts

P filled out a lease for an apartment in Randolph. D is designated as the 'Owner.' D signed the lease underneath his typewritten name in a space below the word 'Lessor' and above the words 'Trustee or Agent.' It was for 12 months beginning August 1, 1997. The same day D invited her to accompany him to Plymouth, MA. On Saturday, July 26, 1997, D repeatedly called P. P screened the calls with caller ID. On Sunday, July 27, 1997, D again called and P's older son answered the phone. On July 28, 1997, D went to P's office to pick up a key for the apartment. D did not answer the doorbell. P called from a shopping mall. He answered the phone and told her, 'If you can't help me, I can't help you.' P went back to the apartment and rang the doorbell. D answered the doorbell but refused to give P a key unless she gave him three months rent in advance. P objected because there was only to be prepayment of two months rent, consisting of the first month's rent and a security deposit. D told P the increase was because P did not go to Plymouth with D. P professed shock but paid the requested increase. Several weeks later she was in the lobby or hallway of her building with her two children. D appeared P told D she couldn't talk. D slapped her on her buttocks in a half-joking manner. D used his key to try to enter P's apartment, but a double lock barred his entrance. D spoke through the door to her eldest son about taking her to Plymouth. In October 1997, D told her he was going to move her to the first floor of her apartment building because her kids were jumping too much on the second floor. D wanted to inspect the new apartment. When she inspected a cabinet with her back to D, D put his arms around her encircling her breasts and squeezing her nipples. D pushed her to the floor on her stomach. He then tried to grab her legs and put his fingers in her pants. D resisted and after several minutes was able to get out of the apartment. D was trying to touch her 'private parts.' P called 911. D was arrested that day. D was charged with Assault with Intent to Rape. D was found guilty of Indecent Assault and Battery on a Person Fourteen or over. D was given supervised probation for six months. D was ordered to stay away from P. When P left her apartment several weeks later, D was standing in the shadows. He offered to allow her to stay rent-free if she dropped the case. P got in her car and went to work and called the police as D violated the restraining order. One week before Christmas, 1997, P testified that D turned off her heat and hot water. P went to Quincy Court and spoke to an Assistant District Attorney who initiated action on her behalf. When she returned home, her heat and hot water were on. P looked for another apartment but could not find a comparable one and did not move. D never spoke to P again. P was scared, depressed, and experienced diminished self-esteem. P took a month's sick leave from work immediately after the assault incident and stayed out of work until after Thanksgiving, 1997. Following the assault, Complainant started to see a licensed clinical social worker for therapy at the South Bay Mental Health Center.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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