In July 2023 a man allegedly stared in a “strange” way at a 15-year-old girl working at Market Basket.
According to court documents, when the girl left work the man–who was “much older”–followed her outside and shouted “Hey, Market Basket girl! This is our first date.”
The man allegedly walked up beside the teen, asked for her phone number, and told her “I have a car I can pick you up in for a date.” He also supposedly said “I’ll take my time with you.”
The frightened girl reported the incident to police and the man was charged with annoying or accosting another in violation of G. L. c. 272, Sec. 53. The pertinent part of that statute states,
persons who with offensive and disorderly acts or language accost or annoy another person…shall be punished
The man’s attorney filed a motion to dismiss the charge for lack of probable cause. A district court judge allowed the motion and the Commonwealth appealed.
The Appeals Court reversed the judge’s ruling. According to the justices, the allegations put forth in the police report did in fact establish probable cause:
Because it is reasonable to infer the defendant’s acts and language were sexual in nature, and because the circumstances, as described in the complaint application, support the reasonableness of the victim’s fear, there was probable cause to believe the defendant’s acts and language were threatening and thus disorderly.
To read the full text of the opinion, click the document below.