Defending those Accused of Rape
Being accused of rape is, perhaps, one of the most unsettling developments in the life of an individual. The damage to his reputation is incalculable and, should he be convicted, a lengthy term of imprisonment is highly likely. Many of those accused of a sexual offense underestimate the seriousness of a rape allegation by characterizing it as nothing more than a “he said, she said.” Resist the temptation to beguile yourself; if the jury believes the accuser is telling the truth, they convict. Retaining an experienced and successful criminal defense lawyer to defend you is not a luxury, it is a necessity.
To defend an individual accused of rape, a criminal defense lawyer must be more than mindlessly aggressive; he must be a master cross-examiner, capable of discrediting the alleged victim with a well-conceived strategy – without alienating the jury; a story teller so compelling that he can overcome the natural resistance of jurors to such an accusation; and, able to utilize the prosecutor’s forensic evidence, such as the Rape Kit evidence, to further undermine the alleged victim’s credibility or exonerate his client. Criminal Crimes Defense Lawyer Kevin J. Mahoney is recognized throughout the country as expert cross-examiner. He has never lost a rape trial. Alleged victims have refused to continue with the case once they learned Attorney Mahoney had taken over as defense counsel. If you or a loved one is accused of rape or any other sexual offense, call us at 617-492-0055 to schedule an interview with Attorney Mahoney.
Rape is either aggravated or non-aggravated. In simple terminology, rape is forced sexual intercourse. The victim does not give the defendant consent to have sex with her, and may even deny or resist the defendant’s actions. If the victim is under 16, he or she is not old enough to have the capacity to give consent.
Non-Aggravated Rape
To obtain a conviction for non-aggravated rape, the Commonwealth must prove beyond a reasonable doubt that:
- The defendant had sexual intercourse or unnatural sexual intercourse;
- With a person;
- Against her will; and,
- By force or by threat of bodily injury
Consent
Though consent is a defense to most sexual assault charges, in most sexual assault cases, the client and the alleged victim offer incompatible versions of the circumstances that led to the sexual encounter. Often, an alleged victim will deny that she did anything that the client could have reasonably interpreted as consent. An alleged victim may, however, claim that she was too intoxicated to consent to sexual relations. If the alleged victim claims she was unable to consent because she was intoxicated, whether voluntary or not, the Commonwealth must prove that the victim was not only intoxicated, but her level of intoxication rendered her incapable of consenting to sexual relations and that the defendant was aware that the alleged victim’s level of intoxication rendered her unable to consent.
If the defendant was also intoxicated at the time of the incident, the Commonwealth must prove the defendant knew or should have known the victim was incapacitated by intoxication. The court will instruct the jury that they may consider evidence of the defendant’s intoxication in their consideration of the case. If the defendant obtains the alleged victim’s consent through deceit or fraud, that consent is, nevertheless, legally adequate.
Aggravated Rape
To obtain a conviction for aggravated rape if the Commonwealth can prove beyond a reasonable doubt that:
- The defendant had sexual intercourse or unnatural sexual intercourse with a person against her will by force or threat of bodily injury;
- During the commission or attempted commission of one or more of the following crimes:
- Assault and battery with a dangerous weapon;
- Assault with a dangerous weapon;
- Robbery (armed and unarmed);
- Kidnapping;
- Burglary (armed and unarmed);
- Breaking and entering (night or day); or,
- Carrying dangerous weapons.
Contact a Cambridge Sex Crimes Lawyer
If you or a loved one has been accused of rape, it is imperative to retain a criminal defense lawyer before speaking with the police. Call us at 617-492-0055 to schedule a free in-office consultation with Massachusetts Criminal Defense Attorney Kevin J. Mahoney.
