According to an article in the MetroWest Daily News, an Ashland man was charged with rape this past week. The article states that the alleged victim, a woman, went to the man’s house this past Tuesday night. It’s unclear whether she was an invited guest, dropped by unexpectedly, and/or what the nature of their relationship was. According to the woman, when she arrived at the home, the man told her that he wanted to have sex with her. She reportedly told the man that she did not want have sex. At that point, he allegedly became “aggressive” toward her, pushed her into the bedroom and repeatedly stated that he wanted to have sex with her. She reportedly continued to tell him no. According to the woman, the man then grabbed her, ripped off her clothes, pushed her on the bed, and forced her to have sex with him. After they had sex, the man went to take a shower and the woman called the police, seemingly from the man’s house. The police arrived and arrested the man.
When the man was brought to court the next morning, the woman asked the court to order that the he stay away from her, but also told the court that she did not want the man to be held without bail pursuant to G. L. c. 276, § 58A, and that she wanted to be able to have phone, email, and text contact with him. She also told the court that she wanted the man to be ordered to see a therapist.
Although the charges are serious, there seem to be some significant questions about the credibility of the woman’s allegations. First, the article does not indicate that the woman had any marks or bruises to corroborate her allegations of a struggle – in fact it does not appear that she had any injuries whatsoever. Given her account of what happened, a total lack of any injuries seems inconsistent with her version of events. Further, it seems odd that the woman would have simply waited at the man’s house after being raped. The article seems to indicate that rather than leaving the house and contacting the police from her car or some other location, the woman remained on scene at the man’s home. As such, this fact also seems to call her account into question, as one would think that a woman who had just been forced to have sex would attempt to get away from her assailant as quickly as possible to prevent a potential reoccurrence of the attack, not sit and wait for the police in a place where she could be attacked again. Third, the woman’s statements to the court also raise some concerns about the validity of her allegations. The specific fact that she did not want the man held in custody and wanted to have continued contact with him seems strange given the nature of the allegations – again, one would imagine that had the woman actually been sexually assaulted, she would not want to be able to have contact with her assailant. Last but not least, the woman’s request that the man be ordered to undergo therapy points to a possible motive to fabricate – it’s possible that this woman wanted to levy some sort of control over this man and made up the allegations to get that leverage. In light of all of these issues, the man may well have a strong argument that the woman is making up the charges.
Regardless of the potential issues with the alleged victim’s credibility, however, the man is undeniably facing serious charges and will need an experienced attorney to fully investigate his case and develop these potential defenses so that they may be presented to a jury. If you or a loved one is facing a similar circumstance where someone has accused you of a crime that you did not commit, you will likewise need a skilled attorney who will thoroughly investigate your case and persuasively present a defense in court. Attorney Daniel Cappetta is a defense attorney with many years of experience. He investigates each of his clients’ cases to the fullest extent and zealously defends them in court. Put his expertise to work for you and call him for a free consultation today.