Commonwealth v. Clint C.

At issue in this case is whether a Juvenile Court judge erred in dismissing a youthful offender indictment under G. L. c. 119, § 54, charging the fifteen year old juvenile with *220rape of a child, G. L. c. 265, § 23.1 Prior to jury empanelment, the juvenile moved to dismiss the youthful offender indictment arguing that the charge of rape of a child does not involve the threat or infliction of serious bodily harm as required by G. L. c. 119, § 54.2 After a hearing, the judge allowed the motion to dismiss, concluding that the facts of the case did not involve the threat or infliction of serious…