A Boston man was charged this past week with various Massachusetts Sex Crimes Charges involving the alleged sexual assault of a woman in Provincetown on Cape Cod.
The defendant was charged in Orleans District Court with Rape, Indecent Assault & Battery and Distribution of Drugs.
Rape in Massachusetts is defined as the natural or unnatural sexual intercourse with another person by force and against that person's will, and is punishable by up to 20 years in state prison.
A rape conviction carries other several collateral penalties as well, including Sex Offender Registration and the possibility of lifetime community parole and/or commitment as a sexually dangerous person.
The success of a defendant's defense when charged with any crimes of alleged sexual assault can depend on a number of factors, including whether there were any witnesses; the credibility of the complainant; the results of a SANE exam or an evidence collection kit; and the existence of any forensic evidence, such as DNA.
Not all rape charges result from "forced" sexual conduct. In many cases, there may be a defense of consent or even a defense of mistaken identification.
Unlike other 'average' crimes, rape cases often involve intricate legal and scientific issues, including an understanding of forensic evidence and other issues, such as first complaint testimony; prior sexual acts of the complainant; and cases involving late disclosure or child victims.
For those reasons, a person charged with any sex crimes should take great care with choosing the right criminal defense attorney and consider someone who has experience in defending sex crimes.