Sex Crimes Lawyer

Sex Crimes Attorney

An accusation of sexual assault is arguably the most devastating and life-altering charge a person can face. The moment an allegation is made, your life as you know it can be shattered. The criminal justice system, the media, and society itself often presume guilt, leaving you to fight a battle for your reputation, your freedom, and your future. The potential penalties are severe, including decades in state prison, mandatory lifetime registration on the sex offender registry, and the permanent stigma that follows a conviction.

At the Law Offices of Daniel DeMaria, we believe in the foundational principles of justice: the presumption of innocence and the right to a vigorous, uncompromising defense. We understand the profound emotional and legal challenges you are facing. Our firm is dedicated to providing compassionate counsel and aggressive representation to those accused of sexual assault in Massachusetts. We approach every case with the meticulous attention to detail and unwavering commitment necessary to protect your rights and ensure your side of the story is heard.

Understanding Sexual Assault Charges in Massachusetts

Sexual assault is not a single crime but a broad category of offenses prosecuted under specific Massachusetts General Laws. The most common charges include:

• Rape (M.G.L. c. 265, § 22): This is one of the most serious sex offenses. The prosecution must prove that the accused compelled the victim to engage in sexual intercourse by force, threats, or without their consent. A key element is the absence of consent, and the law presumes consent cannot be given if the alleged victim is physically helpless, intellectually incapacitated, or unconscious. A conviction can result in a lengthy prison sentence, including the possibility of life in prison.
• Indecent Assault and Battery (M.G.L. c. 265, § 13H): This crime involves the intentional touching of another person in an indecent or offensive manner without their consent. While not involving sexual intercourse, a conviction is still a serious felony and can lead to significant jail time and sex offender registration.
• Rape of a Child (M.G.L. c. 265, § 22A) and Indecent Assault and Battery on a Child (M.G.L. c. 265, § 13B): These charges carry particularly severe penalties, often leading to mandatory minimum sentences and the potential for life in prison without parole.

A conviction for any of these offenses will almost certainly result in the accused being required to register as a sex offender in Massachusetts. This public registry can impact your life for decades, affecting where you can live, work, and even volunteer, creating a permanent cloud of suspicion and social ostracism.

The Complex Legal Process: A Guide to Your Defense

A sexual assault case is a long and arduous process, and every step is critical. We will guide you through each stage with strategic counsel and steadfast representation:

1. The Initial Police Investigation: An accusation of sexual assault often triggers a rapid and intense police investigation. Detectives are trained to gather evidence, interview witnesses, and seek to build a case against you. It is paramount that you do not speak to the police without an attorney present. Exercising your right to remain silent is the most important step you can take to protect your defense. We will immediately intervene on your behalf to manage all communication with law enforcement.
2. The Grand Jury Indictment: In Massachusetts, felony sex crime cases are typically presented to a Grand Jury. The prosecution presents its evidence to a panel of jurors to determine if there is enough probable cause to issue a formal indictment. We will monitor this process closely, and while the defense does not present evidence at this stage, we will be prepared to challenge the indictment later in court if it is improperly handled.
3. Pre-Trial Motions and Discovery: Once you are formally indicted, we will file a series of pre-trial motions to challenge the prosecution’s evidence. We will also engage in the discovery process, carefully reviewing every piece of evidence, including police reports, forensic analyses, witness statements, and any digital communications. This is a critical phase for identifying weaknesses in the prosecution’s case and building the foundation of your defense.
4. Trial Preparation and Representation: If a favorable resolution cannot be reached before trial, we will proceed to the courtroom with a robust defense strategy. This involves selecting a fair and impartial jury, delivering a compelling opening statement, cross-examining prosecution witnesses to expose inconsistencies and biases, and presenting a cohesive and convincing defense. Daniel DeMaria is a skilled trial lawyer who are not afraid to challenge the accuser’s credibility and fight to prove your innocence.

Building a Powerful Defense Strategy

Sexual assault cases are often built on complex testimony and emotional narratives. A successful defense requires a deep understanding of human behavior, forensic evidence, and criminal procedure. At the Law Offices of Daniel DeMaria, we will thoroughly investigate the facts and craft a defense strategy tailored to your specific situation. Common defense strategies include:

• Consent: In many cases, the defense hinges on the issue of consent. We will investigate the circumstances of the encounter, gathering evidence to prove that all sexual contact was consensual.
• False Allegations: A significant percentage of sexual assault allegations are false, often stemming from motives of revenge, jealousy, or a desire for leverage in a family law dispute. We will investigate the accuser’s background and motivations to uncover any potential fabrications.
• Mistaken Identity: In cases involving strangers or assault under duress, we may argue that you are a victim of mistaken identity and were not the perpetrator.
• Challenging Forensic and Physical Evidence: Forensic evidence, such as DNA, can be crucial. However, it is not infallible. We will scrutinize the collection, testing, and chain of custody of all physical evidence to ensure its integrity.
• Questioning Witness Credibility: We will conduct a thorough investigation into the accuser and other witnesses, looking for inconsistencies in their statements and any history of dishonesty or a motive to lie.

FAQs: Your Immediate Questions Answered

1. What is the difference between Rape and Indecent Assault and Battery in Massachusetts? The primary difference is the nature of the act. Rape involves sexual intercourse compelled by force or the absence of consent. Indecent Assault and Battery involves a non-consensual touching that is considered indecent or offensive. While both are serious felonies, the specific statute and potential penalties differ.
2. What is the Sex Offender Registry in Massachusetts and will I be on it if convicted? The Sex Offender Registry Board (SORB) in Massachusetts is a public database that tracks individuals convicted of sex offenses. If you are convicted of most sexual assault crimes, you will be required to register, and your name, photograph, and address may be publicly accessible. Registration can be a lifelong requirement that can severely limit your housing and employment options.
3. What if the alleged victim was intoxicated during the incident? Under Massachusetts law, a person who is mentally incapacitated due to drugs or alcohol cannot legally consent to sexual activity. The prosecution can argue that any sexual contact was therefore non-consensual, even if it was not compelled by force. A skilled defense attorney will examine all facts surrounding the incident to determine the level of intoxication and whether the accuser was truly incapable of consenting.
4. Can the accuser drop the charges? No. Once an accusation of sexual assault is reported to the police, the case is controlled by the Commonwealth of Massachusetts, not the alleged victim. The District Attorney’s office has the sole authority to decide whether to proceed with or drop the charges. While the victim’s wishes may be a factor, a prosecutor will often proceed with a case even if the accuser recants or expresses a desire to have the charges dropped.
5. How important is it that I hire an attorney immediately? It is absolutely critical. An immediate and proactive defense is the single most important factor in a sexual assault case. Evidence can be lost, witness memories can fade, and the prosecution is already building its case against you. Hiring an attorney early allows us to intervene in the police investigation, protect your rights, and begin our own thorough investigation to gather evidence that proves your innocence.

Contact the Law Offices of Daniel DeMaria

A sexual assault accusation is a fight for your life. Do not face it alone. The Law Offices of Daniel DeMaria is prepared to be your fiercest advocate. We offer a confidential and free consultation to discuss the specifics of your case and outline a powerful defense strategy. Our phone lines are open 24/7.

Call us at 617-651-5577 or fill out our online contact form to get the immediate legal help you need and deserve.