What is the test for dismissing an indictment for sexual assault?

As quoted below and discussed in greater detail in Part II.B., the court concluded that the dismissal of the present indictment should be with prejudice. After noting that the factors to be considered in determining whether to dismiss a case with or without prejudice include " 'the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of [the Speedy Trial Act] and on the administration of justice,' " Decision at 12 (quoting United States v. Taylor, 487 U.S. 326, 333, 108 S.Ct. 2413, 2417, 101 L.Ed.2d 297 (1988)), the court stated as follows: