According to a report on Boston.com, four Massachusetts men have been charged with Rape following an incident alleged to have occurred at a Massachusetts college on October 13, 2012. Prosecutors claim that on the date of the incident the defendants texted the victim indicating a desire to go to her dormitory. She responded that she did not want them to visit. They ended up travelling to the school and were able to enter the complainants’ dorm room despite the fact that she was out at the time. She returned. By her own admission, the woman drank a couple of beers, smoked some marijuana and drank nine or ten shots of vodka. At one point one of the defendants shut off the lights. Afterwards, the four proceeded to rape her. Three left and one stayed behind and continued to rape the woman. The next day one of the accused received a text from the woman accusing him and his friends of Rape. The man texted back an apology. The woman told this defendant in a text that if she was paid two thousand dollars she would not report the incident to the police. The defendants were trying to meet the demand at the time of their arrest. Bail for each was set in the amount of ten thousand dollars cash. Three of the defendants are eighteen. The other is seventeen.
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As a Massachusetts Criminal Defense Lawyer I look at these facts and scratch my head. Rape is a horrific crime. A rape of this nature is even more horrific. Yet if the events transpired as the woman claims I would expect to see all sorts of corroboration with her story. Did people in her dorm hear what was going on? Did she scream or cry for help? Was she being held down? Do medical records support her claims? What was the role of each of the accused in this act? Why did one of the accused stay around for a while? How long did he remain there? What did the other occupants of the dorm see? Why would someone who was raped be looking for two thousand dollars? How did the complainant know the defendants? A review of this article suggests that this event was something other than the what was described by the prosecutor in court.
This article also brings to light one of the cautions I raise in many of my blog posts. Do not talk. Do not put anything in writing. A written apology in the form of a text message can leave jurors with the suggestion that the author of the text has admitted guilt. While this is not always the case it puts the defense in the position of having to explain the meaning of the words. An apology does not necessarily mean that someone did what the accuser says he did. It does however support that complaint. An apology in the eyes of the law can be viewed as an admission of guilt. But what was this man apologizing for? For raping her? Or was this simply an apology for other behavior that does not amount to the crime of Rape?
Our office has been defending Rape Cases in Massachusetts with great results for over twenty years. If you are in court being accused of Rape you need a lawyer. Call us at 617-263-6800 or send us an email to discuss your case. We can help you.