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Boston Herald
Boston Herald
2 Mar 2024
Flint McColgan


NextImg:Alleged serial rapist of children Ivan Cheung wants his case thrown out

The former State Street vice president accused of committing a series of knifepoint rapes of women and girls wants his case dismissed.

Ivan Cheung, 44, faces six serious felony charges alleging brutal rapes of two children at knifepoint in the summer of 2003 when he was 23 years old. Those are two counts of rape of a child and four counts of rape of a child with force.

Cheung was previously charged with an additional five counts alleging the rape of women the first coming shortly after the alleged child rapes, and the others allegedly taking place in 2005 and 2006, but prosecutors failed to overcome a 15-year statute of limitations on those charges and so filed documents that dismissed the charges of rape of adults last October.

The motion to dismiss the remaining charges, which is sealed and unavailable to the public, was filed at the end of January and argued at a morning hearing at Suffolk Superior Court in Boston Wednesday. Judge Michael Doolin is listed in the case docket as taking the motion under advisement but did not immediately rule on it.

What is public is the state prosecutor’s response in opposition, which indicates the motion to dismiss was filed largely on the grounds that prosecutors had presented “false or misleading information” to garner the grand jury indictments.

The response document argues each point of the motion to dismiss in turn. Those arguments include that the commonwealth failed to tell the grand jury that the series of alleged rapes of adults had already fallen outside the 15-year limit in which they could be prosecuted and that including them was irrelevant to the remaining charges.

The response states that Cheung’s attorney Peter Parker called the inclusion of the unprosecutable charges of rape of the adults was “highly prejudicial and irrelevant bad act evidence,” as quoted in the response.

But prosecutors say that Cheung was positively identified as the perpetrator of the adult rapes and, while those can no longer be prosecuted, they served in showing the grand jury a “pattern of conduct” and that the grand jurors “could reasonably and prudently believe that the same person who raped the three adults was the one who attacked” the child alleged victims.

Prosecutors say that across every alleged rape, child or adult, Cheung picked the victims up in a car in Boston at night and drove them to a different location, that each encounter began as understood prostitution “or the circumstances strongly suggested it,” that the assaults all began inside his vehicle, that he used a knife in all five assaults, and other similarities they argue establishes an identifiable pattern.

The alleged rapes at knifepoint began July 31, 2003, with the rape of a 13-year-old girl that prosecutors say was pimped out by an older boyfriend in Boston’s Chinatown.

Cheung is accused of paying her to have with him at his former residence in North Quincy — which prosecutors say “which was not forcible but was still child rape.” After this alleged encounter, prosecutors say that instead of a ride back to Chinatown, Cheung drove the child down a residential street in Dorchester, put a knife to her throat and raped her in the backseat of the car.

Aug. 6, 2003, attack on a 14-year-old girl. This was another child forced into prostitution who prosecutors say Cheung picked up near Charles Circle and drove to Charlestown. The victim told investigators that she thought they were going to have paid sex but that Cheung instead pulled out a knife, held it to her throat and raped her.

Prosecutors allege that Cheung also raped three women, though these will remain only as allegations in the prosecution’s theory of a “pattern of conduct” inculpating Cheung. These started with the Aug. 19, 2003, alleged rape of a 20-year-old woman they say Cheung picked up near Kenmore Square. The next was an Oct. 23, 2005, rape of a woman pimped out of the Park Plaza area by a male “friend turned foe.”

Finally, prosecutors say, Cheung raped an 18-year-old woman who Wellesley Police say they received a call about after she was allegedly running “screaming into traffic on Route 9 … distraught and bleeding.”