Today’s post concerns Massachusetts sex assault accusations and charges – and I want to be very judicious and careful in what I’m going to say here. Sex assault and rape charges are very serious, and should therefore should not be dismissed lightly. As part of this reality, more than a few people can sometimes ask me, “Why do you defend people who are accused of sex assaults?” My answer is usually easy: “Because they may be innocent, and they are entitled to a legal defense.”
Before going any further, I’m going to say something very sincerely, and I want my readers to know that I mean it 100 per cent: I have all the sympathy, and indeed, empathy, for anyone who advances a credible, believable claim of sexual abuse, indecent assault & battery, or rape by another person. Man or woman. Young or old. Of any background whatsoever. But when such accusations are made, and the accused’s life, liberty and welfare are on the line, such accusations must be supported by persuasive, compelling testimony. Just because someone is accused of sexual assault or rape, does not automatically mean that they are guilty of having done so. Over many years in my career as a Massachusetts sex crimes defense attorney, I can’t (and obviously never would, due to attorney-client privilege issues), tell you of how many clients I have defended who have been accused of some type of sex offense – and yet they were entirely innocent of those crimes.
Any number of motivating factors and circumstances can trigger an accusation of “rape” or some other kind of sexual assault:
* A relationship breakdown;
* A custody fight between divorcing parents when one parent (commonly the wife) is attempting to gain a legal advantage;
* Jealousy over a spouse or partner’s interest in another person, whether fleeting or serious;
* Financial debts due between dating partners;
* Anger over one person cheating on the other;
* Extortion of some kind (usually financial);
* A cover story to minimize embarrassment or shame if parents discovered that a son or daughter engaged in pre-marital sex that is proscribed/forbidden by their religion (usually teenagers or college students);
* A cover story to deal with social embarrassment among friends or peer groups if such peers learned that the person involved had sex with someone that the group considered unattractive, unpopular, or a social “loser”. Again, this usually occurs among teenagers or college students, and is often called “Buyer’s Remorse”;
* Mental or emotional illness on the part of the accuser;
* Or just plain revenge for a relationship that went wrong.
In a situation such as this, where allegations of sex crimes are alleged by one person against another, the truth must be brought out – but the constitutional presumption of innocence must be preserved in the process.
Also, it is important to note that sex assaults do not only take place between members of the opposite sex – that is far from true; a myth: Now that gay marriage and being gay in general is (appropriately so) no longer looked down upon, women are now often accused by same their sex partners of sexual assault and rape, as are men accused by other men, for a variety of reasons outlined above. (Legally speaking, rape does not require differing sexual anatomy between accuser and accused.) I’ve defended several such gay female and gay male clients accused of sexual assault. And, of course, with heterosexuals, heterosexual women also can be accused of criminal sexual contact with younger males, just as heterosexual men can be accused of criminal sexual contact with underage females. The presumption of innocence surrounding sex abuse, sexual assault and rape charges is not a gender-based issue. Don’t believe those who might tell you that it is.
As a Massachusetts sex crimes defense attorney, I fight hard for my clients – I do so “tooth and nail”, to quote the expression – and I do so for a reason: The client may be legally innocent of the charges against him or her. The presumption of innocence is a precious legal right that our forefathers fought and died ugly deaths for, and it is increasingly under attack these days concerning sexual assault accusations. Everyone should ask themselves: Do we really want to dilute or lessen that critical legal right? It’s important not to kid oneself: One day, it could tragically be you – or someone you care about – who is on the receiving end of one of these charges. We live in a volatile social environment; the ‘age of accusation’.
If you or someone you know is facing Massachusetts sex assault charges or any other type of criminal charges, call us or you can also send an email to: bill@kickhamlegal.com. Whatever law firm you may speak with concerning sex assault charges or other criminal charges, make sure that you only hire an attorney with proven experience and proven positive results.