Aggressive Defense of
All Criminal Matters
All Criminal Matters
Top Rated Boston Sex Crime Defense Lawyer
Being accused of a sex crime is overwhelming. Sexual assault allegations are among the most serious someone can face. Many of these crimes carry lengthy state prison sentences. They often require registration with the sex offender registry board SORB. Being charged with a sex offense can result in you losing your job. Schools expel people charged with sex crimes. If you are charged with one of these crimes, you need a lawyer.
Attorney Stephen Neyman is a well-known criminal defense lawyer. He is highly regarded by his peers, by prosecutors, and by judges. We are based in Boston, Massachusetts. We defend cases throughout Massachusetts and in federal courts throughout the country. Attorney Neyman has been practicing law for over 38 years. A former deputy district attorney, he knows what to expect from prosecutors. Our office will work closely with you to ensure you are getting the best defense possible. We can help. Our track record for success is unmatched.
What Sex Crimes Do We Defend
Some of the more common sex crimes in the Boston area and throughout Massachusetts that we defend are:
- Rape
- Statutory Rape (Often Misinformatively Called Rape of a Child)
- Open and Gross Lewdness
- Indecent Assault and Battery
- Indecent Exposure
- Lewd Wanton and Lascivious Acts
- Prostitution
- Solicitation
- Annoying and Accosting a Person of the Opposite Sex
- Failure to Register as a Sex Offender
- Human Trafficking
What Are the Defenses to Sex Crimes?
There are countless defenses to sex crimes in Massachusetts. Each defense depends on the facts of the case. The more common defenses are:
- Consent
Consent is a defense to any sex crime allegation in Massachusetts. False accusations of sexual assault often follow first dates where people consent to sex. Hookups through internet apps that were consensual may result in a rape or sexual abuse complaint. Consent is often revealed through discovery. Text messages, social media posts, and call logs often support the consent defense.
- Denial
Denial is where the accused in a sexual assault case maintains that the crime did not occur. The scenarios where we have successfully used this defense are endless. In one case, the accuser claimed that our client grabbed her genitals in a club. We obtained security footage showing that this did not happen.
That case got dismissed. In another case, our client was accused of raping his ex-wife. We had proof that he was three thousand miles away on a business trip when this occurred. That case was dismissed. In another case, our client was accused of sexually assaulting a woman on a street after bars had closed. City pole cameras showed that our client was walking home alone at the time the alleged act was to have occurred. That case was also dismissed.
- Revenge, Regret, or Shame
One of the worst things someone can do is falsify a sexual assault allegation out of revenge. This happens a lot. We have seen this type of vindictiveness when someone cheats on a significant other. We have seen it when someone gets caught cheating on a spouse and pivots, claiming rape. We have seen this during divorce and child custody proceedings. In these situations, the accuser is using the allegation to try to gain an advantage in a collateral proceeding.
I Am Accused of a Sex Crime in Massachusetts. What Should I Do?
The Law Offices of Stephen Neyman has over thirty-eight years of experience defending clients like you against all varieties of sex crimes. Stephen Neyman understands the seriousness of your sex crime charge and will begin mounting your defense immediately. After the initial client interview, our legal team and our investigative team will work tirelessly to expose the flaws in the district attorney’s case. When necessary, we interview all persons who are able to expose the illicit motive of the accuser. We look closely into suspect police investigative practices to make sure our client’s rights were not violated. When they are, we challenge these practices before a judge and, if necessary, a jury. We will do whatever is required to prove our client’s innocence. Call The Law Offices of Stephen Neyman today at 617-263-6800 to schedule your initial consultation.
I Have Been Charged With a Sex Crime in Massachusetts, and I Have Some Questions FAQ
What Should I Do if the Police Call Me About a Sex Crime Accusation?
• If the police call you or contact you about a sex crime, do not talk to them
• Nothing good comes from talking to the police about sexual assault allegations
• I have represented hundreds of people accused of committing sex crimes in Massachusetts, and never has anyone talked his way out of being charged
• If the police call you hire a lawyer immediately
• You have a constitutional right to remain silent. You need to embrace it
What Are the Most Frequently Charged Sex Crimes in Massachusetts?
• Indecent assault and battery
• Rape
• Statutory rape
• Indecent exposure
• Open and gross lewdness
What Are Some of the Defenses to Sex Crimes?
• Consent
• Motive to lie
• Total fabrication
• Mistaken identity
• Absence of physical evidence
• Statute of limitations
• The allegations do not meet the elements for the crime charged
I Was Charged With a Sex Crime in Massachusetts. Who Should I Hire to Represent Me?
• Sex crimes are some of the most serious charges you can face. You need to hire a lawyer who practices criminal defense only
• You should hire a lawyer who has experience in the court where your case is being prosecuted
• The lawyer you choose should have extensive experience defending and trying sex cases in Massachusetts
• The lawyer you hire should never promise an outcome to your case
What Is the Age of Consent in Massachusetts?
The age of consent in Massachusetts is 16
What Is Statutory Rape in Massachusetts?
• Statutory rape in Massachusetts is defined by General Laws Chapter 265 Section 23
• It is the act of having sexual intercourse with someone under the age of 16
• Consent is not a defense to statutory rape in Massachusetts
• Rape is defined as having natural or unnatural sexual intercourse. This includes a finger, penis, tongue, or foreign object penetrating a vagina, mouth, or anus.
• Mistake of age is not a defense to statutory rape
Do I Need a Lawyer if I Have Not Been Arrested?
Yes. There are many valuable actions a Massachusetts sex crimes attorney can take before an arrest is made such as making sure you preserve electronic communications that will help your defense. An attorney can investigate the existence of surveillance and security footage that might refute what the alleged victim says happened. The lawyer can get a private investigator involved to interview potential witnesses before the police do. A lawyer will contact the police and the district attorney’s office to alert them to the fact that you have representation. This prevents the police from questioning you without risking compromising the integrity of the investigation.
Can Text Messages Help Defend Against a Sex Crime Accusation?
Yes. Text messages can help defend against a sex crime allegation. This applies to social media posts, emails and other electronic communications. Depending on the circumstances of the case, this evidence may be important to establish the nature of the relationship between the accused and the alleged victim. It might contradict statements made to law enforcement and it might provide context of the event.
The value of text messages relies heavily on the specific facts of the case. Electronic communications such as text messages should be carefully reviewed in their full context, rather than relying on isolated statements or screenshots. An experienced Massachusetts sex crimes defense attorney can investigate the communications, determine their authenticity and value as well as their admissibility. The attorney will evaluate whether the texts support the defense or raise other issues relevant to the case.
Can a False Accusation of Rape Be Prosecuted in Massachusetts?
Yes. A false accusation of rape can be prosecuted in Massachusetts. If a person makes a false accusation of a sex crime that person is in violation of G.L. c. 269, §13A — False Reports to Police Officers. If the false accusation is made under oath the person can be prosecuted for perjury under G.L. c. 268 §1 or obstruction of justice under G.L. c. 268 §13B.
What Courts Hear Massachusetts Sex Crime Cases?
The District Courts and the Superior Courts hear sex crimes in Massachusetts. Certain sex crimes such as rape charges cannot be prosecuted in the District Courts nor can statutory rape cases. Those must be prosecuted in the Superior Courts. Indecent assault and battery cases, annoying and accosting a person of the opposite sex, indecent exposure, open and gross lewdness and lascivious behavior, prostitution and solicitation cases are usually prosecuted in the Massachusetts District Courts.
If I Am Convicted Will I Have To Register as a Sex Offender?
If you are convicted of certain sex offenses you must register as a sex offender in Massachusetts. Those offenses are:
• Rape
• Statutory rape
• Rape of a child with force
• Aggravated rape
• Indecent assault and battery
• Possession of child pornography
• Distribution of child pornography
• Child enticement
• Human trafficking
This is not an exhaustive list. It is important to discuss the potential for mandatory Massachusetts sex offender registration with your lawyer before you go to trial or attempt to resolve your case.
Can I Be Charged With a Sex Crime Without Being Arrested?
Yes. If the sex crime is a misdemeanor and it is not committed in the presence of a police officer you will receive notice for a clerk magistrate hearing. This is a great opportunity to avoid prosecution altogether. If the sex crime is a felony there is still a strong chance that you will not be arrested. It is becoming more and more common to issue a summons to someone to appear in court for an arraignment to a sex crime. If you hired a lawyer for a sex crime prior to being charged, that lawyer might be able to convince the district attorney not to arrest you and let you appear with your attorney pursuant to a summons. This highlights the importance of hiring an experienced Massachusetts attorney who handles sex crimes as soon as you believe you are being investigated.
Attorney Stephen Neyman is a Boston, Massachusetts criminal defense lawyer with over 38 years of experience. Our phones are answered 24/7. Call us at 617-263-6800 to discuss your case. We will help you.
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