BROCKTON — The attorney representing a Brockton man accused of kidnapping and raping a 13-year-old girl urged a Brockton District Court judge that his client should be tried as a juvenile.
Marckenson Beauge, who is accused of raping a Brockton middle schooler , walked into the courtroom on Friday for his dangerousness hearing with shackles on his wrists and ankles as he stood before a judge charged as an adult.
But defense attorney Mike Maloney argued that Beauge — who is 21 years old, according to the Plymouth County District Attorney's Office — may actually be a juvenile, an assertion Beauge's aunt and primary guardian testified to in court.
Brockton District Court Judge Jeffrey Clifford wasn't convinced. Clifford dismissed Maloney's motion, citing insufficient evidence to disprove that Beauge was 21 and ordered Beauge be held without bail pending a probable cause hearing on Oct. 29.
"This was not targeted. He was riding on the street and saw a random person. This could have happened to anyone," Assistant District Attorney Trai Weaver said.
Here’s why the question of Beauge's age may not be settled and what happened at his dangerousness hearing:
Rape suspect’s age called into question
When Beauge was arrested on Sept. 20, he provided police with documentation that said he was 21 years old, prosecutors said. Maloney also confirmed in court that Beauge’s passport says he is 21 or 22.
However, Maloney questioned whether the age on Beauge’s passport is accurate.
Beauge’s aunt testified that when his mother died in 2008, he was 1 year old, which would make him approximately 17 years old today.
Beauge was born in Haiti and immigrated to the U.S. about seven months ago, in December 2023, with his aunt, who became his primary guardian in 2008 when his mother died, Maloney said.
Maloney argued that it’s not uncommon to see migrants from developing nations with incorrect information on their passports.
Maloney told The Enterprise that he currently does not have any official documentation from Haiti that proves Beauge is a minor, but that he would be working to get that information.
Maloney said his client is enrolled at the Edison Academy in Brockton , where he takes evening classes. The Edison Academy is part of the Brockton public school system and serves students ages 17 to 21 "who are over aged and under credited for grade level, and are either at-risk of, or have already dropped out of school," according to its website.
What happened at arraignment Suspect accused of raping Brockton middle schooler held without bail at arraignment
‘Come back tomorrow’: Chilling new details revealed in court
In the early afternoon of Sept. 17, Beauge was riding his bike to school when he crossed paths with a 13-year-old girl walking home from West Middle School, prosecutors said.
Beauge allegedly wrapped his arms around the victim and forcibly pulled her down the driveway of an abandoned Brockton home, prosecutors said. He reached under the victim’s clothes and digitally penetrated her.
The victim managed to escape after a brief struggle and fled to her home, police said.
Prosecutors said the last thing the victim heard before she ran away was Beauge saying, "come back tomorrow."
The investigation UPDATE: Brockton School Police working 'non-stop' on sexual assault case. What we know
Beauge arrested on child rape charges
On Sept. 20, Beauge was arrested at the Wendy's on Washington Street in Easton where he works.
Prosecutors said in court Friday that as Beauge was being arrested, his aunt rushed to the scene in tears, allegedly saying, "I told you not to touch people."
Beauge's aunt, who speaks Haitian Creole, and whose name was not immediately available, testified in court Friday through a court-provided translator.
In her testimony she denied in court that she was at the scene of her nephew's arrest — a fact which the prosecution attempted to use to discredit her testimony regarding her nephew's age, because according to the police report she was there.
Beauge was taken to the Brockton Police Department and charged with rape of a child with force, kidnapping of a child and indecent assault and battery on a child under 14, according to court documents.
He was arraigned on those charges on Monday, Sept. 23.
What's next?
Beauge was determined to be dangerous and was ordered held without bail pending a probable cause hearing on Oct. 29.
This article originally appeared on The Enterprise: Brockton rape suspect's age called into question. Defense says he may be a juvenile
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