“Of all the alleged victims a defense lawyer is likely to cross-examine, the rape victim may be the most emotionally conflicted, particularly if defendant claims the encounter was entirely consensual. Victims who have been robbed, shot, assaulted, cheated, or had their homes broken into may feel that they failed to take the necessary precautions to reduce the chances that they would be victimized, but few will wonder if the jury will think they invited the crime, gave the defendant mixed signals, dressed too provocatively, drank too much alcohol, failed to resist enough, were motivated by rejection, or simply regretted a consensual encounter.”
Prosecution of sex crimes is almost epidemic. District Attorney’s Offices across Massachusetts have been aggressively prosecuting nearly any individual accused of a sex offense, ignoring obvious credibility problems of alleged victims. In many instances, the stories of these alleged victims are not only uncorroborated, but contradicted by indisputable facts. To the individual accused of rape or child molestation, that the District Attorney’s Office or the police should have done a more thorough investigation, viewed the allegations with warranted skepticism, or been more circumspect in choosing to prosecute, is of little consolation. The accused has entered a nightmare. Publicly humiliated, perhaps betrayed by someone he trusted, and facing a lengthy prison sentence, as well as having to register as sex offender, he needs a seasoned criminal defense lawyer to navigate him through the process and to tenaciously safeguard his liberty.
Defending a person accused of a serious sex crime is no small task. Most District Attorney’s Offices have sex offense units. The assistant district attorneys assigned to these units prosecute only sex crimes, and their experience in trying these cases is exceeded only by their fanaticism. An assistant district attorney prosecuting a defendant for robbery, drug trafficker or arson will often have a detached view of the case. To them, their desks buried in folders, it may be just another case. To the assistant d.a.’s prosecuting an alleged sex offender, it is not a case, it’s a cause.
Attorney Mahoney has never lost a sex offense case. In Attorney Mahoney’s experience, few lawyers seem to understand how to defend an individual accused of a sex offense, especially rape. He consistently obtains acquittals in the courts of greater Boston/Cambridge with thorough investigation, meticulous preparation, expert cross-examination, and an unquenchable desire to win. To prepare for trial, Attorney Mahoney assembles a team of professionals to assist him, including highly motivated licensed investigators, sexual assault nurse examiners (SANE), toxicologists, and forensic investigators. Attorney Mahoney has successfully defended those accused of aggravated rape, rape, assault with intent to rape, indecent assault and battery, child molestation, lewd and lascivious behavior, and open and gross behavior.
Give Attorney Mahoney a call at 617-492-0055 to arrange a free consultation.
Below, kindly find the definitions of the most common sex offenses prosecuted in Massachusetts and the elements of the crimes that the Commonwealth must prove beyond a reasonable doubt:
Rape (Non-Aggravated)
The Commonwealth must prove, beyond a reasonable doubt that the accused:
- compelled the alleged victim to have sexual intercourse with him through physical force and/or threats of physical harm.
Aggravated Rape (G.L. c. 265, §22(a))
In addition to the elements of rape, the Commonwealth must prove beyond a reasonable doubt that:
- while committing the rape, the accused caused the alleged victim serious bodily harm; or
- the accused, together with at least one other person, raped the alleged victim; or
- the accused raped the alleged victim while committing or attempting to commit one or more of the following offenses: assault and battery, assault with a dangerous weapon, armed robbery, unarmed robbery, kidnapping, breaking and entering with intent to commit a felony unarmed, breaking and entering or attempting to blow up to commit a larceny or felony, breaking and entering at night with intent to commit a felony armed or attempting to assault a person, entry at night, breaking and entering in the daytime with intent to commit a felony without owner in fear of life, carrying a firearm, carrying a dangerous weapon, possession of a machine gun or sawed-off shotgun; possession of a firearm and ammunition with a firearms identification card, and/or carrying a gun into a school yard or school building.
Statutory Rape (G.L. c. 265, §23)
The Commonwealth must prove beyond a reasonable doubt that the accused:
- performed natural or unnatural sexual intercourse on the alleged victim; and,
- the victim was under 16-years-old.
That the accused was unaware of the alleged victim’s actual age, even where the alleged victim misrepresented her age, is no defense to a charge of statutory rape.
Forcible Rape of a Child Under Sixteen Years of Age (G.L. c. 265, §22A)
The Commonwealth must prove beyond a reasonable doubt:
- The accused compelled the child to submit to sexual intercourse through physical force and/or threats of physical harm and the alleged victim was not yet sixteen years of age.
Assault with Intent to Rape
The Commonwealth must prove beyond a reasonable doubt:
- The accused assaulted the alleged victim with the specific intent of raping her.
Indecent Assault and Battery (G.L. c. 265, §13H)
The Commonwealth must prove beyond a reasonable doubt:
- The accused committed an intentional, unprivileged, and indecent touching, no matter how slight, of the alleged victim.
