As Brockton criminal defense lawyers, we understand the seriousness of being charged with a sex crime involving drugging a person for sexual intercourse. This is a serious crime that carries severe penalties, including jail time and fines. If you or someone you know has been charged with this crime, you need to immediately seek the guidance of an experienced criminal defense attorney so that you can defend your rights and get the best possible outcome for your case.
At The Law Offices of Gerald J. Noonan, we have handled numerous cases involving sex crimes, including those related to drugging a person for sexual intercourse. We have the knowledge, skills, and experience necessary to defend your rights and protect your interests throughout the legal process. We will work tirelessly to build a strong defense on your behalf and fight for the best possible outcome in your case.
If you are facing charges related to drugging a person for sexual intercourse, do not hesitate to contact us for a free consultation. We are here to help you navigate this difficult time and will do everything in our power to ensure that your rights are protected and your future is secure.
Understanding the Crime
Legal Definition in Brockton
Under Massachusetts General Laws Chapter 272 Section 3, it is a crime to administer a drug, intoxicant, or other substance to another person with the intent to commit a sexual assault. This offense is commonly referred to as drugging someone for sexual intercourse. The law does not require the victim to be completely unconscious for the offense to occur. Instead, the victim only needs to be sufficiently incapacitated so that they cannot resist or refuse the sexual act.
Consent and Incapacitation
Consent is a critical factor in any sexual encounter. If the victim is unable to give consent due to incapacitation, then any sexual act that occurs is considered non-consensual and therefore illegal. Incapacitation can occur due to a variety of factors, including the administration of drugs or alcohol. Even if the victim willingly consumed drugs or alcohol, they may still be considered incapacitated if they were unable to make rational decisions or communicate their wishes.
Potential Charges and Consequences
If someone is charged with drugging another person for sexual intercourse, they may face a variety of charges, including sexual assault, rape, and indecent assault and battery. The severity of the charges will depend on the specific circumstances of the case.
If convicted, the consequences of such charges can be severe, including significant jail time, fines, and mandatory sex offender registration. Additionally, a conviction can have long-lasting consequences, including difficulty finding employment and housing.
Defense Strategies
When it comes to defending against the charge of drugging someone for sex, several strategies can be effective. Below, we will give a quick rundown of some of the most common defense strategies we use to help our clients.
Challenging Evidence
One of the first things we do when defending against this charge is to challenge the evidence. This can include questioning the validity of any forensic evidence, such as blood or urine samples, that were taken from the alleged victim. We may also challenge witness testimony, particularly if there are inconsistencies or discrepancies in their statements.
Proving Innocence
Another defense strategy we use is to try to prove our client’s innocence. This can involve providing an alibi, presenting evidence that shows our client was in a different location at the time of the alleged crime, or demonstrating that the alleged victim has a motive to lie.
Negotiating Plea Deals
In some cases, negotiating a plea deal may be the best option for our clients. This can involve working with the prosecution to reduce the charges or sentence in exchange for a guilty plea. While this may not be an ideal outcome, it can be preferable to going to trial and facing a potentially harsher sentence.
Expert Testimonies
Finally, we may call on expert witnesses to testify on our client’s behalf. This can include medical professionals who can provide insight into the effects of certain drugs, or forensic experts who can challenge the validity of any evidence presented by the prosecution.
Overall, defending against the charge of drugging someone for sex can be challenging. However, by using these defense strategies, we have been able to help many of our clients achieve positive outcomes in their cases.
The Law Offices of Gerald J. Noonan: Brockton Criminal Defense Lawyers
If you are facing charges for drugging someone for sexual intercourse, you need an experienced Brockton criminal defense attorney on your side. Our team has handled numerous cases involving sexual assault and can help you navigate the complex legal system. We will work tirelessly to protect your rights and ensure that you are treated fairly throughout the legal process.
At The Law Offices of Gerald J. Noonan, we offer a free consultation to discuss your case and answer any questions you may have. We understand that this is a difficult time for you and your family, and we are here to help. Contact us today to schedule your consultation and let us help you fight the charges against you.
