Sex offense cases, especially when the alleged victim is a child, are among the toughest to defend. The presumption of the defendant’s guilt is palpable at all times, from the moment of arrest until the trial. Defense attorneys must be aggressive and vigilant from the moment that the accused first appears in a courtroom since bails are routinely set inordinately high, detention periods are gratuitously extended, demands for the defendant’s DNA are unsupported, and potential jurors are biased. If you have been accused, you need an aggressive Lowell sex crimes lawyer. On the worst day of your life, please call me. I can help.
There is a broad range of crimes categorized as sexual offenses in Massachusetts. These crimes range from the more obvious sex offenses such as rape and indecent assault and battery to lesser known statutes dealing with so-called crimes against the public order, such as open and gross lewdness. Convictions for sex offenses often have intrusive collateral consequences, including registration as a sex offender, classification as a sexually dangerous person, and mandatory submission to GPS monitoring.
In order to properly prepare and try a case before a jury, I carefully investigate the allegations, demand discovery, file motions for third party records, review medical evidence and any other expert testimony that the Commonwealth may try to introduce.
There are many theories of defense that can be presented at trial although the most frequently used defenses to sex offense allegations fall into 3 categories:
- It didn’t happen;
- It did happen but someone else did it (identification);
- All sexual contact was consensual.
When defending a sexual assault allegation, I know that I must answer the “why” question on every juror’s mind: why would someone make something like this up? The Commonwealth will typically focus its investigation and its presentation of evidence at trial on the timeframe during which the alleged assault is said to have taken place. While it is critical for me to question, investigate, and analyze the details of the complainant’s allegations about what occurred during the alleged assault, the information needed to answer the jurors’ “why” question will most often be found in questioning, investigating, and analyzing the details of events that happened before and after the alleged assault. When the parties know each other, I look into whether anything happened shortly before the complainant made the accusation, including who the complainant saw or spoke to before making the allegation. I examine the nature of the relationship between the complainant and defendant, and all other people she saw or spoke to around the time that she made the complaint.