What You Need to Know When You Are Charged with Rape or Sexual Assault in Massachusetts

Rape is the crime of forcing another person to submit to sex acts, even if the act is a “slight penetration.” This includes digital penetration or forced oral sex. Being falsely charged with rape is traumatic for the accused and if the charge is not effectively defended, the accused can receive a prison sentence and be placed on a sex registry. Often false accusations that are not quickly dismissed have devastating and long-lasting effects on the accused’s career and family life. You should know the following about a Rape or Sexual assault charge in Massachusetts. Often, these charges could arise from a family relationship if the allegation if Rape of a child, or a dating relationship when the allegation involves another adult.

What should I do if the police invite me to the police department to make a statement and/or give me the opportunity to tell my side of the story?

Never speak to the police about this type of allegation. It is a very serious charge; once it is alleged, the police are going to charge you. At the police station, officers will attempt to obtain an admission that you committed the offense that they are investigating. You will never talk your way out of this charge. I would also not recommend going to the police department with a lawyer. Any experienced Massachusetts rape lawyer would never go to the police station with their client to make a statement.

Will I be arrested if I do not speak to the police?

The police may arrest you if you do not speak to them. That is likely to happen when Rape allegations are made. If you are arrested, do not speak to the police or if you are arrested over the weekend, do not speak about the case on the phone as all jail calls are recorded.

Is it possible to prepare a winning defense for my rape case?

A key part of the defense team in a Rape or sexual assault case is an investigator. An investigator will go interview potential witnesses to try to confirm your version of events from other parties. The lawyer cannot interview witnesses because if the witness says something different on the stand, the lawyer cannot then switch roles from being your lawyer to then being a witness in the case. Lawyers cannot talk to witnesses without an investigator without risking either having to testify in the case or losing the ability to impeach the witness.

What are the Defenses to Rape in Massachusetts?

There are three basic defenses to rape in Massachusetts:

• Consent: It is not uncommon for a person to consent to sex and then, when faced with an angry partner, spouse, or parent, to allege he or she was raped. If the alleged victim consented to sex and later claimed the sex was non-consensual, that is a false accusation. Sometimes these lies can continue for months or even years, and the accused is dragged through a relentless legal process. It is important to contact our office as soon as the accusation is made and before the lies get out of hand or spread. An effective attorney can stop the accusation from ruining your life.

• Mistake: Sometimes alleged victims get it wrong. A victim may misidentify a rapist because of the victim’s own drug or alcohol use. Police use of a line-up array could further cause confusion for the victim. Even the state’s use of forensic DNA evidence can cause confusion because the evidence can be corrupted by poor collection, preservation, and handling techniques. If you have been accused of a rape that someone else committed, call us right away.

• Non-credibility of the Alleged Victim: Sometimes alleged victims are not mentally stable. An alleged victim may believe he or she has been raped when, in fact, the act never occurred. It is essential in cases where an alleged victim may be mentally unstable that you contact our office quickly so that we can vigorously defend against the accusation.

• Physical inability or impotency: Any evidence that the accused is incapable of raping can be used as a defense to rape. However, evidence that shows a slight penetration occurred, even though a defendant was impotent and had no erection at time of act, can be effectively prosecuted as an act of rape. It is important to contact an attorney who isa familiar with the nuances of the law in Massachusetts in order to have the best, most effective defense to a false rape accusation.

• Victim’s Mental Incapacity: In order to convict an accused person, the state must show that the accused did not know an alleged victim could not consent to sex. For example, if both the accused and the alleged victim were drinking heavily and the accused was not aware that the alleged victim fell asleep, the lack of knowledge by the accused could be an effective defense against a rape charge.

A Delsignore Law Attorney Will be an Advocate for Justice on Your Behalf

Contact us with any questions you might have regarding your case

It is essential to call an attorney as soon as possible after you have been accused of rape. Call us to set up a free, no-obligation consultation to discuss your charge. We can be reached 7 days a week, by phone call or by text, at 781-686-5924.

To learn more about the charge of rape and the elements that make this act a crime, visit our website today. You can also review the court process on our website as well.

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