Peter Duart, 43, formerly of Tisbury, pled guilty to two assault charges in the Dukes County Courthouse in Edgartown Monday. Mr. Duart, who is already serving time for an earlier conviction, received a two-year prison sentence.
Although the same judge presided in both cases, one charge was disposed of in District Court proceedings and the other in Superior Court, due to the seriousness of the latter charge and the stiffer penalties for a conviction.
Associate Justice Herman J. Smith Jr., sitting in Dukes County Superior court, sentenced Mr. Duart to a term of two to three years in state prison, on a charge of indecent assault and battery, as part of a plea agreement.
Judge Smith, sitting in Edgartown District court, sentenced Mr. Duart to a term of two years in state prison for assault and battery in a separate case, also part of a plea agreement.
The sentences will not extend the time Mr. Duart serves in prison. Both sentences are to be served concurrently with the prison term he is serving now.
In October, 2010, a judge found him guilty of rape and indecent assault, following a bench trial, and sentenced him to 10 years in state prison.
In 2004, Mr. Duart was sentenced to two years in prison and three years of strictly supervised probation, after he was convicted of rape in another, separate case.
With three convictions for sex crimes, and another for assault, Mr. Duart could be subject to civil commitment in a prison treatment center for any term of time, once he completes his prison sentence.
Under state law, the attorney general can ask the court to declare a person “sexually dangerous.” The state would have the burden of proving that charge at a jury trial. If the jury finds the defendant is sexually dangerous, he would be committed to a prison treatment center for any term from one day, up to the rest of his life.