Massachusetts Legal Developments Blog

Defending Against Sex Crime Charges in Massachusetts

An Uber driver in Massachusetts was recently charged with two counts of rape in connection with an alleged sexual assault that occurred while the driver was traveling through Boston. After the alleged victim of assault was transported to an area hospital, law enforcement received a report of the incident and performed an investigation, which led to the driver’s arrest.

Following the arrest, law enforcement collected forensic evidence to further investigate the matter. In response to the arrest, Uber issued a statement about how horrible the crime was and stating that Massachusetts remains committed to law enforcement.

If you have been arrested and charges with a sex offense in Massachusetts, you should understand that these offenses are serious, which is why it often becomes critical to obtain the assistance of an experienced criminal defense lawyer. This is true no matter if you have been charged with assault with intent to commit rape, failure to register as a sex offender, indecent assault and battery, indecent exposure, open and gross lewdness, possession of child pornography, or rape.

The following will review some of the defenses that can be raised in response to these and other sex related criminal charges in Massachusetts.

Establishing that Offense Never Occurred

One of the strongest defenses is arguing that sex acts never occurred between the person being charged and the alleged victim. In some cases, this might lead to a criminal defense attorney gathering evidence to show that someone accused you of the offense in a malicious manner. If this evidence can be established, the prosecution will be left unable to prove that a person committed a sexual offense beyond a reasonable doubt.

While the Offense Occurred, Someone Else Committed it

Instead of arguing that an offense did not occur, this strategy involves establishing that the defendant was not the individual who committed the crime. It is important to understand that false identifications are common in sexual offenses for a number of reasons including that eyewitness identification is often not reliable. By providing enough doubt about whether a person is the exact individual who committed the offense, the prosecution will not be able to adequately establish this element of the crime.

The Act Occurred, but Was Not Criminal

Rather than point out the event did not happen or the wrong individual is being charged, this defense involves proving that no crime occurred in relation to a sexual act with which to charge someone. For example, in some cases involving “lack of consent,” the prosecution is unable to establish beyond a reasonable doubt that the criminal offense even occurred.

Speak with a Skilled Criminal Defense Lawyer

Being convicted of rape or any other sex offense in Massachusetts can result in serious penalties, but fortunately there are a number of defenses that can be raised in response to these charges. If you or a loved one is facing these charges, you should not hesitate to contact an experienced criminal defense lawyer like attorney Edward R Molari today.