A sausage vendor at the Topsfield Fair was arrested this past week and charged with Rape in connection with an alleged sexual assault that occurred this past Monday night.
The New Hampshire man, Paul R. Carson, was charged with one count of Rape.
According to police, the alleged sexual assault occurred on the Topsfield fairgrounds in an area not accessible to the public at around 10:30 p.m. The woman reportedly gave a description of her attacker and police arrested the defendant.
In many cases such as this, identification is a critical, and sometimes, only area of defense. In every criminal case, the government has the burden of proving that the defendant is the perpetrator of the alleged crime. If this cannot be proven beyond a reasonable doubt, the person should be acquitted.
What might be important in a case such as this for the defense is knowing how many people had access to that specific area; how specific, or vague, was the description that was given to the police; how much of an opportunity did the victim have to see her attacker; and how much can her identification of him be challenged.
Other issues involved in Rape cases include whether the victim was treated to a rape exam. If so, the medical examination may or may not reveal evidence of forced sexual intercourse, in which case there might also be a defense of consent.
Rape in Massachusetts is punishable by imprisonment for up to 20 years for a first offense, and up to life for a subsequent offense.
Boston Criminal Defense Lawyer Lefteris K. Travayiakis has successfully defended persons charged with Massachusetts Sex Crimes, including Rape, and is available 24/7 for consultation.
To schedule a Free Consultation, Click Here to Contact a Massachusetts Sex Crimes Lawyer or call 617-325-9500.