Massachusetts Criminal Defense Attorney Blog
This past Saturday Alvaro Poncedeleon of Marlborough, Massachusetts was charged with [Open and Gross Lewdness](https://www.neymanlaw.com/lawyer-attorney-1370287.html), **Assault and Battery**, [Assault with Intent to Commit Rape ](https://www.neymanlaw.com/lawyer-attorney-1442093.html)and [Indecent Assault and Battery on a Person Over 14](https://www.neymanlaw.com/lawyer-attorney-1442099.html). He is currently being held without bail. It is alleged that the defendant, who knows the woman pulled down his pants and exposed himself. He then pulled the victim’s pants down and forced her to touch him. There is no date associated with the incident, rather the article states that this happened recently.
Read Article:
[http://www.metrowestdailynews.com/news/police_and_fire/x1602636126/Police-Marlborough-man-arrested-for-attempted-rape](http://www.metrowestdailynews.com/news/police_and_fire/x1602636126/Police-Marlborough-man-arrested-for-attempted-rape)
**Massachusetts Rape Defense Lawyer**
If the facts of this article are accurate then the defendant should not be charged with [Assault with Intent to Commit Rape](https://www.neymanlaw.com/lawyer-attorney-1442093.html). That crime required the district attorney to prove beyond a reasonable doubt that the defendant not only committed an assault on the victim but that he had the intent to rape her while doing so. Here, there is no indication that the defendant intended to rape the women. The act of making her touch his penis satisfies the element of indecent assault and battery but does not show an intent to rape. There is a potential twenty year state prison sentence for anyone convicted of this crime. From the perspective of a Massachusetts Rape Defense Lawyer I find it troubling that there was a delay in reporting this offense. That typically serves as a basis of a defense and often time implicates an illicit motive on the part of the complaining witness.
Not many criminal charges are more onerous than Rape. The allegation itself stigmatizes the defendant. It is important for anyone accused of **Rape **or any type of **Sexual Assault in Massachusetts **to act quickly. Call an attorney. We can be reached at all times at **617-263-6800 **or you can [contact us online](https://www.neymanlaw.com/lawyer-attorney-1370053.html).