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IN THE MATTER OF A GRAND JURY INVESTIGATION

427 Mass. 221 (1998)

IN THE MATTER OF A GRAND JURY INVESTIGATION.

Supreme Judicial Court of Massachusetts, Suffolk.

April 10, 1998.

Attorney(s) appearing for the Case

David F. Capeless, Assistant District Attorney, for the Commonwealth.

Robert J. Carnes for the brother.

Paul W. Cormier for the father.

Scott Harshbarger, Attorney General, & Pamela L. Hunt, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

WILKINS, C.J.

A grand jury in Berkshire County is investigating the apparent rape of a twenty-one year old woman who is profoundly retarded and autistic. The woman, who lives with her parents and brother, cannot talk and requires twenty-four hour supervision. In the fall of 1996, a physician determined that the woman was pregnant.1 The woman is incapable of identifying the man who caused her...

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