A forty six year old Saugus, Massachusetts man was just charge with Rape of a Child. He was arraigned yesterday in the Lynn District Court. It is alleged that the man was having a relationship with his son’s former girlfriend for a two year period. Apparently, on August 1, 2011 the man’s wife called the police and reported her suspicions. She told authorities that her fourteen year son had been broken up from his girlfriend for about two years but that the girl was a frequent guest at the home after the breakup. The ensuing police investigation revealed the following additional facts:
• The victim admitted to the relationship. She told the police that after she and the defendant’s son broke up the defendant began texting her using a code name;
• The defendant made sexual advances towards her;
• The defendant touched her inappropriately in his car on more than twenty occasions, sometimes in Saugus, sometimes in Lynn, other times in Revere;
• The two had been “caught in the act” by Lynn, Massachusetts police;
• The victim told her friends about the acts;
• The defendant had given the victim gifts;
• Some of these acts occurred at the defendant’s home in Cape Cod where the victim slept over.
The case in currently pending in the Lynn District Court. The case will probably be prosecuted in the Essex County Superior Court in Salem.
So how do you defend a case like this one? The first thing a Massachusetts Rape of a Child Defense Attorney will want to do is see if the allegations are in any way corroborated by physical evidence. Start with the obvious. Did the victim save the text messages? Do phone records confirm contact between the defendant and the victim? Is there actually a Lynn, Massachusetts Police report confirming the victim’s statement that police caught the two? This in and of itself seems unlikely. If that did in fact occur I would expect the police to have made some sort of arrest and/or have contacted the girl’s family. Can anyone verify that the two were alone for significant periods of time? What if anything did the girl tell her friends and can they confirm the disclosure. Simply denying the allegations before a jury is usually not enough in cases like this to secure an acquittal. However hammering away at lies, exaggerations or gross inconsistencies can make jurors suspicious of the witness’ credibility. The defendant’s lawyer might also want to investigate the alleged victim’s motive to make such statements. There is a suggestion that the defendant endeavored to take care of the girl due to a troubled home life. Did the caretaking stop or was it reduced in any way that prompted the girl to contrive this story?
The Law Offices of Stephen Neyman has been defending cases like this one for over twenty years. If you are in trouble call us at 617-263-6800. Your defense should start right now. Contact us online anytime. Do not wait to hire a lawyer. Act now.