When someone is charged with rape in Massachusetts the indictment reads that the defendant “did unlawfully have sexual intercourse or unnatural sexual intercourse, with the named victim and compelled said person by force and against her will, or compelled said person to submit by threat of bodily harm”. Those words are read to the jury just before opening statements. The jury has already been impaneled and sworn. The defendant stands alone while the clerk reads those words. Nothing in those words qualifies or describes the act in any way. You are charged with rape. So, defending date rape allegations in Massachusetts is serious. These allegations are incredibly terrifying for the accused.
What is the Definition of Date Rape
I have heard many descriptions of this act, some legitimately criminal and others not criminal at all. Many people view date rape as something that occurs in nightclubs or bars. Someone will make conversation with the victim and slip her a drug that affects consciousness. The predator then takes the victim someone and has sex with her. Under any definition this is rape and a criminal act. Some people define date rape as a person getting overly aggressive during consensual sexual acts while out on a date. In other words, crossing the line and not taking no as an answer. This too is a criminal act. It is rape.
Then there are other people view date rape as occurring where two people, involved in a new relationship or on a date consensually consume alcohol or other drugs. After the substance has taken some affect the two engage in a sexual act. One of the parties has a change of heart, long after the act has been consummated. As I mentioned, some people view this as rape. I do not and this is not rape in the eyes of the law. A breakdown of inhibition triggered by voluntary alcohol or drug consumption resulting in consensual sex is not rape. Yet this is the most common form of date rape that I defend and unfortunately many people find themselves defending accusations centering on facts similar to these. This is not rape and no one should be charged with rape based on these facts. Yet these charges need to be properly defended.
How Can A Jury Be Convinced of My Innocence?
You have all heard that you don’t have to prove your innocence, rather the prosecution has to prove guilt beyond a reasonable doubt. Well, in truth you can’t simply rely on this. Your defense team has to be aggressive. Initially, you might want to save any texts or favorable social media posts authored by the “victim”. Recently I had a client charged with rape after a date. He had consensual sex with his date and an exchange of texts demonstrated consent. This was enough to get the prosecution to rethink their position. Interviewing witness early on can also be helpful. Through these interviews timelines can be established that may contradict what the victim told the authorities. For instance, several years ago I was defending a rape case alleged to have taken place in a car around midnight. The victim claimed that she was so distraught she got out of the car and ran down the street to her house. We interviewed some witnesses, one of whom saw the victim get out of the defendant’s car later than she claimed. She was acting affectionately towards the defendant and remained with him, this witness and several other people for hours after the alleged rape occurred. One of these people actually drove the victim home. She never complained about the rape. She did not appear distraught. The incident could not have occurred when she said it did. The defendant was exonerated.
Hire a Sex Crimes Lawyer Now
The Law Offices of Stephen Neyman is committed to defending the accused. If you have been charged with a crime call us at 617-263-6800 or send us an email. We can help you.