Rape of a Child and Statutory Rape

The charge of Rape of a Child, as Statutory Rape is called in Massachusetts, carries a significant stigma and the possibility of severe legal consequences. If you are charged with Rape of a Child, you are probably worried, upset, and fearful of the future. You may also be concerned that nobody will believe that you are innocent. While your anxiety is understandable, you do not need to despair. With first-rate legal representation, you can greatly improve your chances of restoring your reputation and preserving your invaluable freedom.

An Attorney With a Proven Record of Success in Statutory Rape Cases

Boston Statutory Rape Attorney David J. Grimaldi provides outstanding legal representation to clients accused of Rape of a Child. He has won “not guilty” verdicts at trial for clients charged with this offense and related sex crimes. He has also won dismissals of child rape charges after they have been brought by prosecutors. Attorney Grimaldi knows how to argue your case persuasively. He has expertly cross-examined children, parents, police detectives, scientists, psychologists, and medical professionals to produce compelling evidence in favor of his clients. He knows what is important to a jury. No matter the circumstances, Attorney Grimaldi has the experience and determination you need to confront these serious charges.

Massachusetts Law Concerning Statutory Rape

The statute that governs Rape of a Child is Massachusetts General Laws chapter 265 section 23. That law prohibits sexual intercourse, as well as so-called unnatural sexual intercourse, with any child under the age of sixteen. The acts outlawed by the statute include oral, vaginal, and anal sex with any person under sixteen years-old. Consent is not a defense, and the prosecution does not need to prove that the defendant knew that the child was under the age of sixteen. In Massachusetts, the age of the defendant is irrelevant to the charge; as a result, a teenager or young adult can be prosecuted for Statutory Rape.

Potential Penalties Upon Conviction for Statutory Rape

Judges have wide discretion in sentencing individuals convicted for Rape of a Child. The potential punishments include imprisonment for any term of years and up to life in prison. Because of this vast range of possible sentences, even a person with no criminal record can be sentenced to a lengthy prison sentence for Statutory Rape. Moreover, a person convicted for Rape of a Child must register as a sex offender with the Sex Offender Registry Board and faces significant restrictions on their liberty even after prison, including GPS monitoring and limitations on where they can live and work.

The Best Defense to Statutory Rape Charges

Given the nature of the offense, the best defense to Statutory Rape charges is that the alleged offense never occurred in the first place. The key to this defense is generally found in two places. First, your lawyer must undermine the Commonwealth’s evidence, be it witness testimony, scientific evidence, medical documentation, or other evidence. The best sex offense lawyers know how to successfully challenge the credibility of the prosecution’s witnesses, including the child who made the allegation. Persuasively disputing a child’s story of sexual abuse, however, is a subtle task, and only the most skilled and experienced criminal lawyers do it effectively. Moreover, challenging the conclusions of expert witnesses, such as medical doctors and lab scientists, must also be done intelligently and with a firm command of the facts.

Second, the best defense to charges of Rape of a Child will usually include an explanation as to why the child made the false allegation in the first place. Although a defendant in a criminal case is presumed to be innocent, the most compelling defenses in child rape cases usually explain the motive of the child to make the false accusation against the defendant. Without this counter-narrative of events, a prosecutor may attract the jury by arguing that “the child has no reason to lie.” Explaining the reason for a child’s false accusation, however, is also a sensitive and complex task. Only the best criminal defense lawyers are up to the challenge.

Attorney David J. Grimaldi is Ready to Defend You

Boston Statutory Rape Attorney David J. Grimaldi has successfully defended numerous clients accused of Rape of a Child. His record of acquittals and dismissals in these serious cases speaks for itself. If you are charged with Rape of a Child, do not wait any longer. Contact Attorney Grimaldi at (617) 661-1529 or online today.