The terms “rape” and “sexual assault” are often used interchangeably; however, they do not have the same definition in Massachusetts. Moreover, they are not subject to the same penalties if convicted. If you have been charged with a sex offense it is imperative that you understand the difference between rape and sexual assault as well as understanding the potential punishment for the various sex offenses in Massachusetts. In Massachusetts, sex offenses are actually divided into two broad … [Read more...]
Is Consent a Defense to Sexual Assault or Statutory Rape?
In Massachusetts, being charged with a sex crime is a serious matter and should be treated as such from the moment you are charged or you feel you are the target of an investigation. If convicted, you could face a lengthy term of incarceration, be required to register as a sex offender for life, and have to live with the social stigma attached to those who have been labeled a “sexual predator.” Like all criminal charges, sex offense charges can be resolved by way of a plea agreement. … [Read more...]
Who’s Required to Register as a Sex Offender in Boston?
Being accused of a sex offense crime is a traumatic experience for most people. Conviction of a sex offense in Boston often means a lengthy term of incarceration or an extended period of probation, depending on the severity of the offense. For many people, however, the judicial penalties are not nearly as damaging as the non-judicial penalties. Along with the social stigma of being a convicted sex offender, most offenders are required to register as a sex offender in Boston. In Boston, failing … [Read more...]
Sex Crimes Penalties in Massachusetts
Boston criminal defense lawyer, Kevin J. Mahoney, has a consistent record of obtaining acquittals for his clients accused of sex crimes.If you have been accused of a sex crime in Massachusetts, you face a host of serious penalties, including significant prison time. Though Massachusetts has a reputation as a liberal state, it severely punishes criminal defendants accused of sex offenses. Here is a brief overview of the consequences of a conviction:- Indecent assault and battery: Massachusetts … [Read more...]
Using the Rape Kit to Free a Defendant
Challenging “rape kit” evidence in a Massachusetts sex crimes case Every alleged victim who reports a sexual offense at a Massachusetts emergency room is offered a “rape kit” examination. If you have been charged with rape, the results of the rape kit examination likely are a key piece of evidence in the prosecution’s case against you. The outcome of your case and your freedom may depend on your Boston criminal defense lawyer’s success in challenging the … [Read more...]
Reasons Women Make False Rape Accusations
Defending against false accusations of sexual assault or rape In a case of rape or sexual assault, the prosecution may subtly encourage jurors to assume the “victim” is telling the truth because, “Why would anyone make up something so terrible and subject herself to this grueling legal process?” This is an insidious question. In my experience as a Boston criminal defense lawyer, there are a number of reasons a “victim” might make a false accusation of rape or sexual assault, including:To save … [Read more...]
Sex Crimes Evidence: First Complaint
Boston sex crimes defense lawyer, Kevin J. Mahoney, explains the “first complaint” doctrine in Massachusetts rape cases If you or your loved one has been charged with rape, witness testimony will play a key role in the outcome of your case. In Massachusetts, witness testimony in rape cases is governed, in part, by what is known as the “first complaint” doctrine. First, a bit of background: Prior to 2005, the “fresh complaint” rule determined whether a … [Read more...]
