Commonwealth v. Kuilan

After a jury trial in the Superior Court, the defendant was convicted of rape of a child, assault with intent to rape, and three counts of indecent assault and battery on a child. On appeal, the defendant claims that the judge erred in denying his motions to dismiss based on a seventeen-year preindictment delay. We affirm.

Background. We summarize the undisputed facts that are material to this appeal. In March, 1986, a woman reported to the Fitchburg police that the defendant, who had been living with her, had sexually assaulted her two daughters between 1983 and 1985, when both were under the…