I’ve said something in particular about Massachusetts sexual assault cases on this site many times, but this time I have some more local and recent evidence to make the point again, so here goes:
People will occasionally ask me how I can defend people accused of sexual offenses, such as Massachusetts rape charges or Indecent Assault and Battery charges. My standard answer: “Because the defendant may not be legally guilty of the crime.” Let me make clear: Rape and sexual assault of any kind is an abhorrent crime. And for those found guilty after being prosecuted with solid, incontrovertible evidence, they should be punished accordingly to the law – after they have been given a fair and impartial trial, and have received a competent, aggressive legal defense in court.
But let me make something else clear, based on my almost 25 years of experience as a Boston, Massachusetts rape charges lawyer: Just because someone screams “rape,” does not always mean the person charged is guilty of that crime. What circumstances could make that so?
• The accusation could be manufactured by a jilted, jealous or angry lover. This is often the case with younger people, in their teens and twenties; (though more mature adults can stoop to this conduct, also).
• It could be a case of “buyer’s remorse,” where someone ends up sleeping with another person who is for some reason not particularly attractive or is unpopular, and then feels embarrassed in front of their peer group or alienated by friends after ‘word gets out’ about who slept with whom. To “explain” the encounter, the “victim” concocts a “rape” story, to save face among their friends or peers. Again, this behavior is often seen among college students and younger people – and alcohol or other drugs are almost always involved.
• It could be that the “victim” comes from a very orthodox or religious background, and that an ‘unexplained’ rumor of sex with another person would be cause for family shame or humiliation. To ‘explain’ the fact that the victim has sex with a partner, a “rape” accusation is advanced.
• If a pregnancy occurs as the result of consensual sex, and the woman cannot ‘deal with’ or conceal it by having an abortion due to religious convictions, cultural mores or medical issues, and humiliation would result — the same “rape” accusation is often advanced.
• It could be that, after drinking or doing drugs, one party openly consents to sex. Later, when the alcohol or drugs have worn off, the “victim” (in the case of a heterosexual couple, almost always a woman,) claims she didn’t consent. However, do not think that rape and sexual assault accusations involve only straight couples” I have seen repeated cases where the parties are gay. The one and only differentiating factor: Possible pregnancies are irrelevant. …. Though, believe it or not, in one very unusual case, a rape charge was brought by one lesbian against another lesbian, and an unwanted pregnancy resulted, when it was alleged that one of the two women attacked the other, and penetrated the victim with a turkey baster containing semen. (Trust me, it’s true: You can’t make these things up.)
• Or, never forget, it could be simply a case of mistaken identification.
That last item is what occurred in Boston very recently – only the “victim” in this case wasn’t the accuser, it was the accused. To see the details, check back in here in a few days to see Part Two of this post. I think you’ll find it quite interesting.