Rape in Massachusetts requires the Commonwealth to prove that the defendant had sexual intercourse either natural or unnatural intercourse with the victim. This requires proof that the male penis either penetrated the vagina or touched the labia, the outside portion of the vagina. Unnatural intercourse covers any touching with the penis, mouth or fingers of another’s genital’s, mouth or anus. Rape requires the above touching to be done by force or threat of force. Physical force is not necessary, at times it can be shown that a victim lacked the capacity to consent, such as a date rape where the victim may be passed out. Date rape is a common charge in Boston and surrounding towns these charges are seen at the many college and university campuses in Massachusetts.
Rape charges in Massachusetts require a criminal attorney with experience in these types of cases. The majority of rape cases are swearing contests between the victim and the accused. The difference between a conviction and an acquittal depends on who the jury believes. A lot of times it is not the fact that sex took place but whether it was consensual or not and the majority of cases do not involve force or injury to the victim. It is a case of “he said she said” with a defendant’s life hanging in the balance.
We are a Boston criminal defense firm that works with private investigators who look into the story told by a victim as well as any and all motives or biases a person may have in wanting to lie and accuse somebody falsely. We work with expert witnesses who testify as to how common false complaints are made and the reasons why a person would accuse another falsely of rape. Rape charges easily inflame a jury against a defendant, a jury wants to believe a crying victim over a defendant, you need a Boston criminal attorney who knows how to educate a jury as to why a person would make up such a charge and hold the jury to the high burden of proof required to convict someone of such a serious offense. We are a Boston criminal defense firm that can represent you at the earliest stages of an investigation giving you the best chance to investigate and beat rape charges. Call for a free confidential consultation with a criminal defense lawyer 617-393-0250.