Rape Charge Reduced to Indecent Assault and Battery and Continued Without a Finding (CWOF)

The defendant works as a civilian on an air base in the Middle East. He served honorably in the United States Armed Forces. Several years ago he attended a party hosted by the victim. Several people drank to excess, among them the defendant and the victim. The defendant spent the night at the victim’s home. She woke up in the middle of the night feeling wet and cold. She went into the bathroom and quickly realized that someone had ejaculated on her buttocks and between her thighs. DNA tests concluded that the substance on the woman was the defendant’s semen. He was charged with rape, G.L. c. 265 Section 22. Attorney Neyman was hired for the defense. He was able to convince the prosecution to reduce the charges to indecent assault and battery under G.L. c. 265 Section 13H. Today, Attorney Neyman was able to get the case continued without a finding (CWOF). After a two year probationary period the case will be dismissed.

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