There may be more false allegations of rape than any other type of crime.
Allegations of sex offenses, including rape and indecent assault and battery, are made and believed every day. An anonymous prosecutor once confided in me that there are more false charges in this area than any other. Defending these cases for nearly twenty years has convinced me that he was right. But these allegations sound an alarm. And if they make it to court you are likely to feel presumed guilty rather than the presumption of innocence to which you are entitled.
However, winning these cases, and even proving the allegations false, is not impossible. But you will need an experienced legal team by your side. Attorneys Liam Scully and Claudia Lagos are exactly that kind of law firm. Our combination of skill, experience, determination, and savvy, will give you your best chance of winning. Scully & Lagos have successfully defended dozens of clients facing sex crimes, including allegations of rape, indecent assault and battery, kidnapping and failure to register. Having two lawyers involved in every phase of your case, looking at the case from all perspectives may be the advantage that makes all the difference.
Below is a survey of recent cases successfully defended by Scully & Lagos
OPEN AND GROSS LEWDNESS: DISMISSED
Commonwealth v. John Doe, 1760AC0509
Client was investigated by the Massachusetts State Police for allegedly masturbating while driving on the highway and intentionally exposing himself while passing a truck driver. However, the truck driver was unable to produce a dash board camera. His description of the motor vehicle in question was vague, including just a partial license plate. Likewise, he failed to give a detailed description of the alleged perpetrator or make an admissible out of court identification of him, such as a photo array or a show up procedure. Accordingly, the case was dismissed at the show cause hearing by the clerk magistrate.
ASSAULT WITH INTENT TO RAPE: DISMISSED
Commonwealth v. John Doe, 1659CR001072
Client was charged in Plymouth District Court with a single count of assault with intent to rape. The charges stemmed from a late night hook up between two people who met at a bar, drank together all night, and then went to the defendant’s house to continue socializing. The investigation showed that this was a very weak case that should not have been prosecuted at all. The alleged victim was highly intoxicated on the night in question, to the point of partial black out. She had been arrested twice in her past for drunk driving. Multiple witnesses from the bar saw the defendant and the alleged victim having a nice time together, buying each other drinks and obviously enjoying each other’s company. There were no injuries consistent with a violent assault. The defendant had no record for any violence in his past. It was clear that this was a case of intoxication and consent, not assault. The alleged victim failed to appear in court for two consecutive trial dates. The case was dismissed for lack of prosecution.
RAPE: DISMISSED
KIDNAPPING: DISMISSED
Commonwealth v. John Doe, 1515CR002245
Client was charged in Brockton District Court with rape and kidnapping. The complaining witness was the friend of an ex-girlfriend and somebody client did not know very well or spend much time with. Defense counsel worked aggressively to investigate the allegations before the case was indicted and successfully located several witnesses who contradicted the allegations made by the complaining witness. When these witnesses came forward it forced the District Attorney’s office to re-consider the charges which were ultimately dismissed instead of indicted. The key to this case was getting ahead of it. By finding defense witnesses before the case was even presented to the grand jury the holes in the case were exposed so early that the client was not dragged through lengthy litigation and the charges were dismissed before client’s name made the newspapers.
INDECENT ASSAULT AND BATTERY: DISMISSED
Commonwealth v. John Doe, 1559CR001187
Client was falsely charged with inappropriately touching his fifteen year old step daughter. He insisted it never happened, I believed him, and the case was ultimately dismissed. So why was he charged? Client’s step daughter was going through some difficult times. She resented him for not being her real dad and was rebelling against the rules of the house. She didn’t go to the police or her mother or the school about the allegations. Instead, she told a friend in what was supposed to be a secret. However, the friend told her mother, who then called the school, who notified DCF, and all of a sudden the police are involved and charges are issuing. The case involved tedious litigation with the District Attorney’s Office for over a year which nearly destroyed this family until finally we were able to get the right result.
RAPE: NOT GUILTY
RAPE: NOT GUILTY
INDECENT ASSAULT AND BATTERY: NOT GUILTY
ASSAULT AND BATTERY: NOT GUILTY
ASSAULT AND BATTERY: NOT GUILTY
ASSAULT AND BATTERY: NOT GUILTY
Commonwealth v. John Doe, MICR2014-1280
In this case the defendant was falsely charged with engaging in a pattern of sexual and physical domestic abuse during the last year of his disintegrating marriage to the complaining witness. Scully & Lagos exposed through discovery a series of inconsistent statements made in text messages and in private conversations that destroyed the complaining witnesses credibility. The defendant did not need to testify. The jury acquitted him of all counts after just 2 hours of deliberations.
FAILURE TO REGISTER AS A SEX OFFENDER: DISMISSED
Commonwealth v. John Doe, 1101CR6133
Client was charged with failure to register as a sex offender. However, as a victim of degenerative paralysis, he experienced great difficulty in registering monthly for a crime that occurred ten years prior. Moreover, because of his status as a sex offender, he did not have access to requisite health care. Upon counsel’s presentation his case to the court, client’s charges were dismissed. A civil injunction was also allowed, permitting client to receive the care he needed despite his status as a sex offender.
RAPE: NOT GUILTY
INDECENT ASSAULT AND BATTERY: NOT GUILTY
Commonwealth v. John Doe, PLCR2007-523
Client was a long-time friend of a family that adopted a very troubled girl. The girl accused my client of sexually abusing her over a prolonged period of time. The jury acquitted my client based on a lack of corroboration and inconsistencies in her story.
ASSAULT WITH INTENT TO RAPE: NOT GUILTY
Commonwealth v. John Doe, PLCR2004-00396
The defendant was found not guilty of assaulting a young woman who was visiting him at his home after they had both consumed quite a few alcoholic beverages. Her accusations varied wildly every time she told the story.
FAILURE TO REGISTER AS A SEX OFFENDER: DISMISSED
Commonwealth v. John Doe, 1101CR2240
Client was charged with several counts of failure to register as a sex offender. Two motions to dismiss were filed. One argued that the repeated charges violated client’s right against double jeopardy. The other argued that due to the statute’s vagueness at the time of the charge, it could not reasonably said that client had notice of his registration obligations. Client prevailed in both motions and all charged against client were dismissed.
INDECENT ASSAULT AND BATTERY: DISMISSED
Commonwealth v. John Doe, 1407CR2838
Client was charged in Dorchester District Court with indecent assault and battery. A thorough investigation of the complaining witness revealed numerous inconsistent statements and evidence that seriously undermined her credibility. After months of negotiations, the prosecutor agreed to dismiss the sex offense in exchange for a continuance without a finding on a simple assault and battery. No jail time. No registration as a sex offender. And a full dismissal of all charges after a short period of probation.
ASSAULT WITH INTENT TO RAPE: NOT GUILTY
Commonwealth v. John Doe, PLCR2004-00396
The defendant was found not guilty of assaulting a young woman who was visiting him at his home after they had both consumed quite a few alcoholic beverages. Her accusations varied wildly every time she told the story.
If you are facing sex offense charges in the Boston, MA area, you need to hire an attorney as soon as possible. Should you be found guilty, you could face years in prison and be required to register as a sex offender for the rest of your life. The most commonly committed sex crimes include:
- Rape
- Statutory rape
- Indecent Assault and Battery
- Child molestation
- Lewd conduct
- Indecent exposure
- Prostitution
- Possession of child pornography
Specially trained prosecutors who concentrate on these kinds of cases usually prosecute Sex Offense cases. In addition to gathering evidence from the alleged victim, they will be seeking to corroborate their case through the evaluation of forensic evidence, medical records, and by collecting statements from the family and friends of the alleged victim and the defendant.
If you are being investigated or charged with a sex offense, it is crucial that you hire an attorney who is experienced in defending these types of charges. Your attorney must be familiar with the statutory offenses listed above. He must also understand how prosecutors go about building these types of cases. In addition, he must also know how to spot and exploit weaknesses in the prosecution’s case.
Attorney Liam D. Scully has been defending sex offense cases for 15 years and has a track record of success. His membership in the National Association of Criminal Defense Attorneys keeps him up to date on the latest strategies and techniques for winning these cases. He has a network of investigators and forensic experts that he uses to ensure that your defense is a strong as it can be.
If you are being investigated or charged with a sex offense, you should consider the following:
- Do not talk to the police without an attorney!
- Do not allow the police to search or seize your property without a warrant!
- Do not cooperate!
- Get the best representation possible as fast as possible!
That is why anyone being investigated or charged with a sex offense in the Boston, MA area should consult with Attorney Liam D. Scully immediately.