Discuss Your Case Privately, for Free with an Experienced Brockton Sex Crimes Defense Lawyer
Most individuals charged, and convicted, of rape are reasonably certain to have actually committed this crime because of the availability and accuracy of DNA testing. However, more often than you might expect, charges of rape are leveled against a completely innocent person who then has his reputation unfairly dragged through the mud only to be exonerated at a much later date (after the damage has already been done).
Aggravated rape is a crime separate from rape that includes all the elements of rape as well as certain aggravating elements. As a result, aggravated rape is proved by evidence of rape— sexual act (usually penetration of some sort) actually occurred with a victim that was forced into this act against her will, either through violence, threat of violence—in addition to one of three aggravating factors.
In order to pursue a charge of aggravated rape, the district attorney has to establish three things:
- First, that a sexual act (usually penetration of some sort) actually occurred;
- Second, that the victim was forced into this act against her will, either through violence, threat of violence (i.e., a weapon was used to intimidate an alleged victim) or what the law defines as “lack of capacity;”
- Third, any one of following three aggravating factors occurred:
- the victim suffered serious bodily injury,
- the rape was committed by a joint venture, or
- the rape was committed during any of the following offenses: assault and battery with a dangerous weapon, armed or unarmed robbery, kidnapping, armed or unarmed burglary, breaking and entering in the daytime or nighttime, or carrying a dangerous weapon
The factors that transform rape into aggravated rape deal with whether the victim sustained serious bodily injuries or was victim of other felonies during the commission of the rape.
Rape is an extremely serious crime. A conviction for aggravated rape can carry a life sentence. Rape charges also have a tendency to play with the emotions of a jury. Most juries want to believe a crying victim over defendant charged with rape. If you feel that you have been unfairly or vindictively accused of rape, the attorneys at The Law Offices of Gerald J. Noonan will do everything in their power to clear your reputation, including soliciting the testimony of witnesses, exploring evidence pertaining to the plaintiff, and, in the appropriate circumstances, obtaining DNA samples to help prove your innocence.
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If You Have Been Accused Of, Or Charged With A Sex Offense, Talk Privately for Free with an Experienced Defense Lawyer
Sex offenses are extremely serious criminal charges that can have a devastating and lasting impact on your life if you are convicted. Regardless of the circumstances surrounding your case you have the same rights as anyone else when it comes to the law. We want to hear to your side of the story and will aggressively challenge any evidence that was obtained illegally or that may not be conclusive, and work hard to get your charges reduced or dismissed. Our lawyers are experienced trial lawyers and former prosecutors who know how the system works, and how to get you the best possible outcome in your case.
No matter where you are located, we are just a phone call away. Call our Brockton Massachusetts Felony Sex Crime Attorneys at The Law Offices of Gerald J. Noonan today to schedule your free, no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.
Our knowledgeable and experienced Massachusetts Aggravated Rape Attorneys at The Law Offices of Gerald J. Noonan are available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Abington, Bridgewater, Whitman, Hanson, Hingham, Wareham, Halifax, Middleborough, Rockland, Lakeville, Holbrook, Avon, Kingston, Pembroke, Plympton, Pembroke, Hanover, Carver, Duxbury, Marshfield, Norwell, Hanover, Scituate, East/West Bridgewater, Rochester, Marion, Mattapoisett; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Wrentham, Foxborough, Franklin, Walpole; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton; Cape Cod, Falmouth, Barnstable.
