Massachusetts Criminal Defense Attorney Blog
The Quincy Patriot Ledger reports that Andrew Mullen, 26 of Quincy has been arrested and charged with rape in the Quincy District Court in connection with his hiring of an escort on Christmas day. Apparently the man called the woman who arrived at Mullen’s home late Christmas day. There was an agreement for specified services. At approximately 3:30 a.m. the woman called the police and reported that she had been raped. The woman denied being a prostitute. According to the newspaper article, the police “are still looking into the circumstances because some statements from the alleged victim were inconsistent with the situation police encountered.”
Read Article, Quincy Patriot Ledger January 13, 2009.
Rape is a felony in accordance with Massachusetts General Laws Chapter 265 Section 22. The crime is punishable by up to 20 years in state prison or as much as life in prison if serious bodily injury results from the defendant’s actions. Ultimately the crime of rape is prosecuted in the Superior Courts, not the District Courts.
A few questions of a factual nature come to mind when looking at this case. First, what is meant by the word “escort”. Second, what were the terms of the agreement. Third, what were the results of the rape kit prepared at the hospital. Fourth, what is inconsistent between the statements the woman made and the situation the police encountered. Fifth, if in fact the allegations are still being investigated why was the defendant charged so quickly. Sixth, how did the defendant know how to contact the woman.
From a legal prospective this case has an interesting twist. Typically, you are not allowed to introduce evidence of a victim’s sexual conduct as part of your defense in a sexual assault or rape case. An exception to this rule involves evidence of the victim’s sexual conduct with the defendant. The law that is known as the Massachusetts Rape Shield Law. To introduce such information at trial you must file a written motion that the judge will hear outside the presence of the jury.
All sexual assault and rape cases in Massachusetts have Sex Offender Registry Board (SORB) consequences. Additionally, a conviction of a sex offense has life long repercussions. Convictions can impact employment , school admissions and other major lifetime opportunities. If you are charged with a sex crime you should contact only the most experienced Massachusetts Criminal Defense Lawyers. The Law Offices of Stephen Neyman has represented people accused of committing sex crimes for over 20 years. Contact a Massachusetts Sex Crimes Law Firm now to discuss your case.