One of the most heinous accusations you can face in the Massachusetts criminal courts is an allegation of rape. Virtually everyone who reads about or hears about a rape complaint initially believes that the accusation is true and that the accused is dangerous. Few are immune from this sentiment. Most judges, hearing about a particular allegation for the first time, are inclined to set a high bail. In addition, it is common for such order of bail, if posted, to be accompanied by a curfew, or home confinement and almost always the installation of a GPS device. So, for the defendant, perhaps in these cases more than any other, an uphill battle begins day one. This post discusses a few of the ways in which attorneys defend rape allegations in Massachusetts.
Start Investigating the Case Right Away
While rape cases typically take more than a year to get to trial there is a lot that your lawyer can do on your behalf right away. He should immediately start investigating the case. Accumulate as much material as you can near the time of the alleged incident. Exactly what does this mean? You can start by interviewing witnesses. Who was the defendant with at or near the time of the incident? What did they see or hear? How was the defendant acting? How was the alleged victim acting? What did that person do or say?
Your lawyer can also look at social media. Get onto Facebook, Twitter or Instagram. See what people are saying about the incident. You would be amazed by what some “victims” of sexual assault cases post after supposedly being abused. I have captured pages where they talk about having exacted their revenge on my client, suggesting that this never happened. I have viewed comments made admitting that the allegations were untrue. I have read text messages and email conversations where after the supposed incident the victim is begging the defendant to get back together or to go out on a date. This material has helped me get bail reduced, modify conditions of release, obtain dismissals and win acquittals for clients charged with this crime. It is extremely important to get as much of this information as soon as possible…before someone deliberately or accidentally destroys it.
Have Your Investigator Speak With the Alleged Victim
There are times when the alleged victim will actually sit down and talk with your defense attorney or your private investigator. Recently, on two occasions my office had the opportunity to speak with a rape complainant. The results of the meetings were dramatically different. One of these people told my investigator that she was never raped. She admitted to willingly having sex with our client. Her boyfriend found out and to save face she denied having sex and complained that she had been raped. The boyfriend called the police. The woman, afraid to tell the truth, told the rape detectives that she had been raped and charges were filed. Our investigator did a great job interviewing her, getting the truth out of her and getting her to sign a statement recanting her accusation. The case was dismissed. On the second occasion, the victim met with us and told a much different story than she had initially told the police. This adversely impacted her credibility. We were successful in our defense of this client as well.
Massachusetts Sexual Assault and Rape Defense Attorney
Attorney Stephen Neyman has been defending sexual assault allegations for nearly thirty years. Call us at 617-263-6800 or send us an email. Let’s get started with your defense now.