Rape

There are few allegations as serious as a rape accusation. The mere possibility of being charged with rape is enough to cause significant concern. Rape allegations can ruin personal lives, devastate careers, and result in lengthy prison sentences. You cannot let a rape accusation destroy your future. If you are charged with rape, or under investigation for a sexual offense, you need an outstanding criminal defense attorney with a proven history of winning rape and sexual assault charges.

Boston rape defense attorney David J. Grimaldi provides exceptional representation to clients accused of rape and sexual offenses. He has successfully defended clients charged with rape in nearly every context. He has won acquittals of rape charges at trial. He was won dismissals of rape charges before trial. He has prevented rape charges from being issued in the first place. Attorney Grimaldi knows how to prepare a strong and persuasive defense to rape accusations. In some cases, he has proven that sex between the parties was actually consensual. In other cases, he has revealed that no sex occurred at all. His many clients have included college students, young professionals, well-established adults, and everything in between. No matter the circumstances, Attorney Grimaldi is absolutely committed to delivering the best possible outcome for his clients.

The Rape Statute in Massachusetts

The main statute used by Massachusetts prosecutors to charge individuals with rape is Mass. General Laws c. 265, §22(b). To prevail under this statute, the prosecution must prove three elements beyond a reasonable doubt. First, the prosecution must prove penetration of any orifice by any part of the defendant’s body or a foreign object. Second, the prosecution must prove that the defendant used force or threats of force, whether actual or implied. Third, the act must have been against the will of the complainant, or without consent. Failure to prove any of these elements beyond a reasonable doubt means that the client must be acquitted.

A conviction for rape under this statute carries up to 20 years in state prison, mandatory sex offender registration, and often significant terms of probation, including GPS monitoring. Depending on the circumstances, different provisions of MGL c. 265, §22 may be used to charge the crime of rape, and the punishment may include up to life in prison.

Common Types of Rape Allegations

While every case presents unique characteristics, most rape accusations will center on one of several issues. The first issue is whether any sex occurred at all. Sometimes, a complainant claims that she was raped when in fact there was never a sexual encounter. These cases often occur when the complainant’s worst emotions or motivations, including anger, bitterness, and self-interest, tend to overwhelm her judgment. In such a case, the best rape attorney will reveal the alleged victim’s motive to lie and acquire as much evidence as possible to prove that no sexual encounter took place.

Another common defense to rape charges is that the sex, if it occurred, was consensual. In these cases, the complainant can also have a motive to lie about the sexual encounter. She may be in a relationship with another person and concerned about what her partner would do if the consensual sex became known. She may also feel guilty about her actions and convince herself after-the-fact that she did not consent to sex.

Alcohol and Drug Consumption in Rape Cases

A frequent issue in rape cases is alcohol or drug consumption and intoxication. These issues can arise in so-called “date rape” cases, as well as in other contexts. When alcohol and drugs are at issue, it is not enough for the Commonwealth to prove that the complainant was intoxicated or under the influence of alcohol or drugs to some degree. Instead, the Commonwealth must prove that she was so impaired that she was unable to consent. The Commonwealth must also prove that the defendant knew or reasonably should have known that the complainant’s condition rendered her incapable of consenting. If the defendant was also drinking or using drugs, evidence of his debilitating intoxication is a relevant factor for the jury to consider in deciding whether he should have known that the complainant was incapable of consenting. Even when there is evidence of the complainant’s intoxication, the best attorneys in rape cases know how to build a compelling defense.

The Best Lawyer for Your Rape Case

Boston rape defense attorney David J. Grimaldi provides expert legal representation to clients accused of rape and sexual assault. His record of success in these and other cases has earned him both professional recognition and appreciation from numerous satisfied clients. If you are charged or under investigation for rape, you need the highest-quality representation. Contact Attorney Grimaldi at (617) 661-1529 or online today.