Commonwealth v. John Doe

DEFENDANT’S EX-GIRLFRIEND REPORTS TO POLICE THAT SHE WAS RAPED WHILE INTOXICATED AND UNCONSCIOUS. AFTER CLIENT CONTACTS THE NOONAN DEFENSE TEAM, NO CRIMINAL CHARGES ARE ISSUED.

The alleged victim (“AV”), a female, had been in a dating relationship with the Defendant for two years. In July 2019, AV went to the Police Department and claimed that she was raped by the Defendant during Father’s Day Weekend at his parent’s timeshare condominium. She told investigators that the Defendant raped her while she was unconscious. She claimed that she was intoxicated by alcohol, passed out, and when she awakened the next morning, she had significant vaginal bleeding and came to the realization that she was raped. Investigators contacted the Defendant and sought to interview him but his family contacted the Noonan Defense Team. Quickly, the Noonan Defense Team had the Defendant’s cell phone forensically examined to include all correspondence with A.V. The phone correspondence spanned their entire relationship and included correspondence following the alleged rape. The Noonan Defense Team met with the detective and presented evidence of his client’s innocence, which included: A.V. claimed that she was raped on Father’s Day weekend at the timeshare condo of the Defendant’s family. She claimed that she was raped on Saturday night. However, on Sunday morning, A.V. had breakfast with the Defendant’s entirely family. The Defense Team interviewed the family members who were present at the condo. The family members consistently stated that A.V. appeared perfectly fine and normal on Sunday. She did not present with any signs of being raped. She was sociable, personable, and affectionate with the Defendant. She left after Sunday breakfast and she sent the Defendant a text message on Sunday (the day after the alleged rape) stating how much she wished she could stay at the condo with him. On the following Tuesday, Defendant broke up with A.V. but she refused to accept the breakup. On Tuesday, in the immediate aftermath of the breakup, A.V. traveled back down to the Defendant’s condo. Therefore, three days after the alleged rape, A.V. goes back to the condo (where she was allegedly raped) to spend more time with the Defendant and to persuade him not to break up with her. She was successful and their dating relationship resumed. In July, Defendant broke up with A.V. for the second time and she became enraged. In a text message following the breakup, she threatened to call the police on him to get her property back. She had purchased gifts and things for the Defendant during the course of their relationship and she was demanding the return of those items or else she would call the police. Interestingly, A.V. threatened to call the police, not to report any rape, but to get her stuff back from him. Defendant then blocked A.V.’s phone number and blocked her on Facebook, which enraged her further. Because she was blocked, she sent a text message to the Defendant from a different number. In this message, she stated that she wanted to be friends and she wanted the Defendant to contact her. She did not mention any rape or any inappropriate conduct by the Defendant. Defendant answered by stating that he no longer wished to be friends with her and stated that he would not contact her. The next day, angered by the Defendant’s response, she went to the police station claiming that she was raped. The Noonan Defense Team provided the text messages to law enforcement. The text messages showed that A.V. never mentioned the rape in any of her text messages to the Defendant the weekend of the incident. She never even alleged in any text messages that the Defendant had done anything inappropriate to her. The text messages showed that A.V. had a very obsessive personality. She would contact the Defendant incessantly, sometimes contacting him over 80 times in one day. When the Defendant did not immediately reply to her contacts, she would become upset with the Defendant. As a result of the investigation by the Noonan Defense Team, no criminal charges are issued against the Defendant. He has no record. Defendant was facing the following penalties: A conviction for Rape (G.L. c. 265, §22) carries a maximum sentence of life in State Prison, a conviction for Indecent Assault & Battery on a person over the age of 14 carries a sentence of maximum sentence of 5 years in State Prison, or 2 and ½ years in the House of Correction.