Winning Rape or Indecent Assault & Battery Trials
Being accused of a sex crime, such as rape or indecent assault and battery, is unnerving in its implications. In a very real sense, you or your loved one has entered a nightmare. Publicly humiliated, perhaps betrayed by someone you trusted, and potentially facing a lengthy prison sentence, as well as having to register as sex offender, this type of accusation will test you. The justice system, with its centuries old traditions, depersonalizing formalities, and unfamiliar terminology can be as confusing as it is intimidating. An experienced and aggressive Massachusetts sex crimes lawyer can help.
Defending a person accused of a serious sex crime is no small task. The assistant district attorneys assigned to the Sexual Assault Units of their respective offices prosecute only sex crimes, and their experience in trying these cases is exceeded only by their single-mindedness. With so much at stake, choosing the right lawyer to represent you is critical – a lawyer who will take the time to sit down with you and patiently listen to your side of this ordeal, explain the judicial process, thoroughly investigate and analyze the case against you, and formulate a strategy to navigate you to safety.
An Experienced Cambridge Sex Crimes Lawyer
Over the last 18 years, Attorney Kevin J. Mahoney has consistently obtained acquittals for clients accused of indecent assault & battery, assault with intent to rape, rape, and aggravated rape. (see results). To prepare for trial, Attorney Mahoney assembles a team of professionals to assist him, including highly motivated licensed investigators, sexual assault nurse examiners (SANE), trial tested toxicologists, and capable forensic investigators.
In his best selling book, Relentless Criminal Cross-Examination (2008), Mahoney devotes an entire chapter to teaching lawyers how to cross-examine alleged sexual assault victims. While experience, aggression, and communication skills are important assets for every criminal defense lawyer, tactical, disciplined, creative and thorough cross-examination of prosecution witnesses wins trials. Mahoney has earned a nationwide reputation as a consummate cross-examiner. And spending the time to really get to know his client, his particular circumstances, and the details of the alleged encounter, together with innovative investigative techniques and solid preparation, are the foundation of his most successful cross-examinations.
Contact a Massachusetts Sex Crimes Lawyer
Contact us at 617-492-0055 or use our online contact form to arrange a free in-office consultation. We have successfully defended individuals accused of sex crimes in the Superior Courts of Boston, Cambridge, Woburn, and Brockton.
Definitions of Sex Crimes
Below, kindly find the definitions of the most common sex offenses prosecuted in Massachusetts, together with the elements of each crime that the Commonwealth must prove beyond a reasonable doubt:
Rape (Non-Aggravated)
To convict an individual of rape, 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, to convict an individual of aggravated 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)
To convict an individual of statutory rape, 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. For a Massachusetts sex crimes lawyer, these are some of the most challenging cases to defend.
Forcible Rape of a Child Under Sixteen Years of Age (G.L. c. 265, §22A)
The Commonwealth must prove beyond a reasonable doubt:
- That 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
To convict an individual of assault with intent to rape, the Commonwealth must prove beyond a reasonable doubt:
- That 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:
- That the accused committed an intentional, unprivileged, and indecent touching, no matter how slight, of the alleged victim.
Contact a Cambridge, MA Criminal Defense Lawyer
Contact Kevin J. Mahoney at 617-492-0055 to arrange a free in-office consultation. Attorney Mahoney has successfully defended individuals charged with sex crimes, including rape, in the Superior Courts of Boston, Cambridge, Woburn, and Brockton.
*Please be advised, that the Mahoney Criminal Defense Group does not represent individuals accused of possession of child pornography, dissemination of child pornography, child enticement or human trafficking.
Results for MA Sex Crimes Lawyer
Commonwealth vs. D.M., Lawrence Superior Court
Indecent A&B: Not Guilty
Indecent A&B: Not Guilty
Assault and Battery: Not Guilty
While represented by another attorney, the client gave the police a full statement denying any physical contact between himself and his accuser. When subsequent DNA testing identified his DNA and saliva on the alleged victim’s private areas, the client’s prospects for an acquittal seemed remote. Attorney Mahoney and his team photographed the condo where the alleged victim claimed the assault took place, interviewed the witnesses (multiple times, if needed), and put together an impressive defense. At trial, Mahoney cross-examined the alleged victim for hours and sealed the victory with a strong and emotional closing argument.
Commonwealth vs. D.M., Woburn Superior Court
Rape: Not Guilty
Rape: Dismissed
When Attorney Kevin J. Mahoney entered the case the defendant was charged with raping two different women. Witnesses had seen the defendant unlocking a door within which one alleged victim lay essentially unconscious. Forensic testing revealed the defendant’s DNA on swabs obtained during the rape kit of one of the victims. The outlook appeared grim. After arguing a series of successful pre-trial motions, the District Attorney’s Office was forced to nolle pros one count of rape. Pursuing what the Superior Court Justice characterized as a “high-stakes gamble” trial strategy, Sex Crimes Defense Attorney Mahoney persuaded the jury to acquit the defendant of rape. Today, the defendant is free.
Commonwealth vs. B.M., Dedham Superior Court
Rape – Not Guilty
Alleged victim testified she went to the Defendant’s apartment and had a beer or two with him, before going to a couple of bars. Returning to his apartment, they went into his bedroom where she claimed that she told him she would not have sex with him. She testified that the Defendant disregarded what she said, forcibly raped her, held her hostage, and raped her repeatedly throughout the night. A nurse testified that the woman’s cervix was red, swollen and abraded. The jury deliberated two hours.
Commonwealth vs. D.D., Cambridge Superior Court
Kidnapping — Not Guilty
Aggravated rape — Not Guilty
Aggravated rape — Not Guilty
Aggravated rape — Not Guilty
Aggravated rape — Not Guilty
Aggravated rape — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Alleged victim testified that, following a work party, the Defendant locked her in the basement of the office building, overpowered her, slammed her into a wall injuring her wrist and repeatedly raped and assaulted her. The District Attorney’s Office called five witnesses, including a First Complaint witness. The defense called not one witness. The jury deliberated for two days.
Commonwealth vs. M.P.F., Cambridge Superior Court
Rape of Child — Not Guilty
Rape of Child — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
A&B Dangerous Weapon — Not Guilty
A&B Dangerous Weapon — Not Guilty
A&B Dangerous Weapon — Not Guilty
A&B — Not Guilty
Dissemination of Pornographic Material — Not Guilty
Defendant’s daughter testified that between her 8th and 10th grades, the Defendant raped her twice a week for two years, beat her with an electrical cord and a police stick, broke plates over her head, punched her in the stomach, and forced her to watch pornography. Massachusetts sex offense attorney, Kevin J. Mahoney, severely undermined the alleged victim’s credibility with a thorough and tactical cross-examination. The jury deliberated for 8 1/2 hrs.
Commonwealth vs. L.B., Suffolk County Superior Court
Aggravated Rape — Not Guilty
Aggravated Rape — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Alleged victim testified that she slept over the Defendant’s home as the guest of his stepdaughter. The following morning, after the Defendant drove the stepdaughter and his wife to work, he returned to the home. The alleged victim claimed that he entered the guest bedroom, took off his clothing, subdued her and twice raped her. Relying exclusively on his cross-examination skills, Massachusetts sex crimes lawyer Attorney Mahoney called no witnesses. Jury deliberated less than an hour.
Commonwealth vs. John Doe, Cambridge Superior Court
Assault with Intent to Rape — Not Guilty
Indecent Assault & Battery — Not Guilty
Indecent Assault & Battery — Not Guilty
Indecent Assault & Battery — Not Guilty
Open & Gross Lewdness — Not Guilty
Open & Gross Lewdness — Not Guilty
Open & Gross Lewdness — Not Guilty
Assault & Battery — Not Guilty
Assault & Battery — Not Guilty
Assault & Battery — Guilty
According to the Prosecutor, the Defendant and two co-defendants, in the Boston area on a high school field trip, relentlessly sexually assaulted two classmates. At one point, the Prosecutor claimed, the defendants pinned one victim to the bed and attempted to force him to perform fellatio on one of the defendants. The jury deliberated 16 hours over 3 days. The co-defendants were found guilty of 23 of 32 indictments, including two counts of assault w/ intent to rape, which carries a prison term of up to 20 years. Our client received 4 months of probation.
Commonwealth vs. E.M., Cambridge Superior Court (re-trial after previous jury was unable to reach verdicts)
Indecent A&B: Not Guilty
Indecent A&B: Not Guilty
The Defendant slept in the room with his daughter and her nine-year-old friend. The alleged victim testified that the Defendant had been molesting her for at least 6 months. She said when he started to rub her stomach that night, which had always been a prelude to him touching her vagina, she threw-up on herself. She told her mother the next morning, and her mother and father confronted the Defendant that day.
Contact a Massachusetts Sex Crimes Lawyer
Contact Kevin J. Mahoney at 617-492-0055 to arrange a free in-office consultation. He has won nearly every jury trial where his client was charged with sex crimes, including rape, in the Superior Courts of Boston, Cambridge, Woburn, and Brockton.
