Commonwealth v. Niels N.

(dissenting in part, with whom Rapoza, C.J., joins). I respectfully dissent from so much of the opinion as concludes that the adjudications of delinquency by reason of indecent assault and battery on a child and assault with intent to rape a child are duplicative.

The juvenile was indicted as a youthful offender for rape of a child with force (G. L. c. 265, § 22A) and assault with intent to rape a child under the age of sixteen (G. L. c. 265, § 24B). He was also charged with delinquency by reason of indecent assault and battery on a child under the age of fourteen (G. L. c. 265, § 13B).

On the…