Johnson v. Queenan

12 Mass. L. Rptr. 461 (2000)


Johnson (P) and Queenan (D) attended a private party. They both went to a bedroom, and D acknowledged that he kissed P. P said that she told D repeatedly that she did not want to have intercourse, D forcefully held her down and raped her.  D also acknowledged that P left the room, crying. P located her friend, Dadmun, and said she was raped. P asked Dadmun to drive her home. The next day, Scolovino, a friend, took P to the local emergency room. P was not treated immediately and left because the rape specialist was not on duty. Later that evening, Dadmun drove P to the emergency room and a Dr. Balcolm and a nurse, Crim, examined and treated P in accordance with sexual assault protocol. As part of that protocol, by statutory authority. Detective Perron met with the Dean of Students at P's school, and it was arranged to speak with P to take statements. Detective Perron encouraged P to talk to her parents and accompanied her home, where P told her mother what had happened. The police charged D with rape and assault and battery. The Grand Jury did not indict. P sued D and D filed a counterclaim for slander and abuse of privilege. P filed a motion for summary judgment on the counterclaim.