Commonwealth v. Gibbons

We transferred the case to this court on our own motion to consider the Commonwealth’s assertion that a judge of the Superior Court abused his discretion in ordering a complainant in a rape case to submit to an examination conducted by a psychiatrist selected by the defendant James Gibbons. See G. L. c. 123, § 19. After the complainant refused to submit to such an examination, the judge dismissed the indictment pending against Gibbons, and the Commonwealth appealed. See G. L. c. 278, § 28E. We reverse the order dismissing the indictment and remand the case to the Superior Court.

We summarize…