Commonwealth v. George

On September 30, 1997, this matter came before the Court for hearing on defendant Richard T. George’s (“George”) motions to dismiss the indictments1 against him. As grounds for his motions,2 George argues that the charges of rape of a child and indecent assault and battery on a child are stale. Specifically, George argues that: (1) the statute of limitations set forth in G.L.c. 277, §63 had run in either 1993 or 1995; (2) that the tolling provision of G.L.c. 277, §63 does not apply to the rape charges; and (3), even if the tolling provision did apply, the provision is unconstitutional, as it…