Currently, a Brazilian immigrant is being held on charges of rape and assault in Massachusetts, which has resulted in the man being referred to the United States Immigration and Customs Enforcement agency. The man was previously removed from the United States in 2007, but later returned to the country. Law enforcement reports that the man is charged with rape, assault, battery, and soliciting. If the man is found guilty, he will be deported after serving a sentence.
Rape is just one of several sex crimes with which a person in Massachusetts can be charged. Other sex crimes include assault with intent to commit rape, enticement of a child under 16, failure to register as a sex offender, indecent assault and battery, indecent exposure, open and gross lewdness, and possession of child pornography.
If you have been charged with a sex crime in Massachusetts, it is essential to understand that these crimes are taken seriously and can result consequences that forever change a person’s life. One of the best ways to respond to these charges is to obtain the assistance of a skilled attorney who understands how these charges are made and who can help create a strong defense. The strongest defense depends on several factors, including the specific sex crime with which you are charged.
No Sex Crime Occurred
One of the best ways to defend against a sex crime is to argue that the sexual acts in question never occurred between the person being charged and the alleged victim. This defense will only work if evidence can be obtained showing that the alleged victim accused you of a committing a sex crime maclisiouly. If successful, this defense greatly weakens the prosecution’s argument, which relies on establishing that the sex crime in question occurred beyond a reasonable doubt.
Someone Else Committed the Act
In raising this defense, a person acknowledges that a sex crime occurred but argues that he or she is not the person who committed the offense. Many times, this defense relies on arguing that the victim’s memory is faulty and that the person who was charged was falsely identified as a result.
The Sexual Act Occurred but Was Not Criminal
As part of this defense, a person argues that consent was given and as a result, a sex crime did not occur. It is important to note that this defense only works in acts where consent negates the offense, which means that this defense is incapable of being raised in situations where an underaged person is involved.
Obtain the Assistance of a Criminal Defense Lawyer
It is important to note that this article has reviewed just three of the most common defenses to sex crimes and that there are many more potential defenses based on the facts of a case. Our law firm has helped many people facing sex crime charges and knows what it takes to make sure that your case resolves in the best possible manner. Contact Edward R. Molari, Attorney at Law today to schedule an initial free case evaluation.