Articles Posted in Sex Crimes

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DNA Evidence

By now everybody has heard stories about how DNA evidence linked someone to a crime or, alternatively helped someone win a criminal trial. Not everyone however is aware that it is never too late to use DNA evidence to prove your innocence and right a wrong. Just today, a case decided by the Massachusetts Supreme Judicial Court awarded a man who was convicted in 2003 of rape a new trial. This post discusses that case, Commonwealth v. Cameron, SJC-11835, and how DNA evidence is giving the accused another shot at freedom. Continue reading →

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Sexual assault allegations are common on college campuses throughout the country. Usually a male student is accused of committing some sort of illegal act on a female student. As a matter of fact, in nearly thirty years of practice I have never had a woman charged with rape on a college campus. In most campus rape cases the reporting of the crime is delayed. Rarely do the campus or local police receive a complaint and make an immediate arrest. Instead, some sort of investigation begins. This is where college students accused of rape make their biggest mistake. They talk to the police and inadvertently confess to the crime. This post talks about some steps you can take to protect yourself if you are being investigated for a sex offense at your school.1338267538T9pvfs Continue reading →

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False Rape Allegations

Several weeks ago I received a call from a potential new client. He had been contacted by a police officer and was told that he was being investigated for a sexual assault. The young man asked the officer what he was talking about. The officer described the complaint to the man. He told him that a couple of years ago the two had been at a party. Mostly young people attended the party, ages nineteen to twenty-three. The “victim”, a twenty year old claimed that the two started kissing and engaging in gentle sexual caressing. The man then supposedly put his hand down her pants and inserted his finger in her vagina. This constitutes rape in Massachusetts. The girl’s story is not true. The accusation inspired me to write about defending false rape allegations. Continue reading →

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The Police Want To Talk To Me…What Should I Do?

Several times each month I get a similar call from a perspective client telling me that “the police want to talk to me…what should I do?”. My advice never waivers. I have always been consistent in my belief that nothing good comes from talking to the police. Again today I received one of these calls. This call made me think about a certain patterns of conduct that police engage in and my assessment of their reasons for doing so. Here are my thoughts on that subject. Continue reading →

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Defending Date Rape Allegations in Massachusetts

When someone is charged with rape in Massachusetts the indictment reads that the defendant “did unlawfully have sexual intercourse or unnatural sexual intercourse, with the named victim and compelled said person by force and against her will, or compelled said person to submit by threat of bodily harm”. Those words are read to the jury just before opening statements. The jury has already been impaneled and sworn. The defendant stands alone while the clerk reads those words. Nothing in those words qualifies or describes the act in any way. You are charged with rape. So, defending date rape allegations in Massachusetts is serious. These allegations are incredibly terrifying for the accused. Continue reading →

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Will The Jury Believe Me Or The Police?

Deciding whether to go to trial or resolve a criminal case in Massachusetts without going to trial is a big decision. Some people cannot handle the pressure of having a case pending. These people want to get the case over with regardless of the strengths and weaknesses of the allegations. Others prefer to procrastinate and believe that at least when a case is pending there is no bad news. At some point however a decision has to be made; go to trial or plead out. One of the greatest concerns people have when making that decision is the weight that will be given to a police officer’s testimony. I am routinely asked “will the jury believe me or the police?”. Some of the factors addressing this question are discussed in this article. Continue reading →

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Defend a Rape Case With The Help of Social Media

On many occasions in the past I have posted articles about how social media has helped the prosecution prove crimes. Those articles warn against the stupidity of going public with certain activities that might add to the government’s evidence. Even in instances where social media posts are innocuous district attorneys often try to link the content to the person’s involvement in the crime. However, there are instances where you might be able to defend a rape case with the help of social media. Continue reading →

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Defending An Indecent Assault and Battery

The mere words “indecent assault and battery” are troubling to anyone reads about this crime. The general title of the offense suggests that a serious sex crime has occurred. The prosecution can prove an indecent assault and battery anytime the accused touches someone on a portion of the anatomy understood to be private. Kissing someone on the mouth can in some circumstances satisfy the prosecution’s burden of proof. This at times makes defending an indecent assault and battery a difficult task. This post examines some things to consider when defending someone against these charges. Continue reading →

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What Should I Expect From My Criminal Defense Lawyer?

People who have had more than one experience with the Massachusetts criminal justice system probably have certain expectations stemming from their prior cases. Some of these experiences were good, and others not so good. Yet second time around you know what you want in your lawyer and you make sure that you get it. However, for many if not most people getting charged with a crime is a once in a lifetime occurrence. Your liberty and perhaps your life is at stake so you want to make sure that your selection of a criminal defense lawyer is the right one. Whether the charge against you is a simply motor vehicle crime or a major felony like a rape you need to know what your lawyer should be doing for you. This post will hopefully help you with that decision and answer the question “what should I expect from my criminal defense lawyer?”. Continue reading →

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Is It a Good Idea to Testify at my Criminal Trial?

There is an inherent desire for anyone accused of committing a crime to defend himself by telling his own “story”. Innocent people charged with a crime want everyone to hear that they did not do it and they want those words to come out of their own mouth. People charged with crimes that exceed what they actually did want to explain to everyone what “really” happened. When preparing a criminal case most of my clients ask me “Is it a good idea to testify at my criminal trial?”. The answer varies from case to case. This post examines some of the thoughts criminal defense lawyers have on this subject. Continue reading →