What to Do If You Are Wrongfully Accused of Sexual Assault in Massachusetts
Being accused of sexual assault is one of the most serious and life-altering experiences a person can face. Even before a single court date, the accusation alone can destroy reputations, end careers, and fracture families. In Massachusetts, where the legal system treats sexual assault allegations with extreme seriousness, you cannot afford to take a single misstep.
At Benzaken, Sheehan & Wood, LLP, our Brockton criminal defense attorneys have defended countless clients accused of sexual offenses — from campus-related Title IX investigations to Superior Court indictments for rape and indecent assault and battery. This guide explains, step by step, what to do if you are wrongfully accused of sexual assault in Massachusetts, what mistakes to avoid, and how an experienced defense lawyer can protect your future.
Q1: What should I do immediately after learning I’ve been accused?
Do not contact the accuser.
This is the single most important rule. Do not call, text, email, or message the person who made the accusation, even if you believe you can “clear things up.” Any communication, no matter how well-intentioned, can later be used as evidence of guilt, intimidation, or witness tampering.
Do not speak to police without an attorney.
Law enforcement officers may ask for “your side of the story.” Politely but firmly decline and say:
“I want to cooperate, but I will not answer questions without my attorney present.”
Anything you say can be used — or misinterpreted — later. Wait until you have legal counsel before making any statements.
Preserve evidence.
Save text messages, social-media posts, call logs, photos, and videos that could show the true nature of the relationship or contradict the accusation. Do not delete anything, even if it seems unimportant.
Write down your recollection and give your written account to your lawyer.
Create a private, time-stamped record of what you remember — where you were, who was present, and what happened before and after the alleged event. Small details, like lighting, timing, or who called an Uber, often become crucial months later.
Q2: What happens after a sexual assault accusation in Massachusetts?
Depending on the circumstances, one or more of the following may occur:
A police investigation begins. Detectives from a local department or a State Police CPAC unit may start interviewing witnesses or gathering digital evidence.
A restraining or harassment prevention order may be filed. You might receive notice to appear in court within a few days. Do not ignore it — violations can result in immediate arrest.
A criminal complaint hearing under G.L. c. 218, §35A. For misdemeanor-level allegations, a clerk-magistrate decides whether probable cause exists to issue a criminal complaint.
A grand jury investigation. For felony charges such as rape or aggravated sexual assault, prosecutors present evidence in secret to a grand jury.
Arrest and arraignment. Once a complaint or indictment issues, you’ll appear in court, be formally charged, and bail conditions will be set.
At every stage, having an attorney who understands both the law and the local courthouse culture can mean the difference between dismissal and indictment.
Q3: What are the possible charges and penalties?
Massachusetts law covers a range of sexual offenses, including:
Rape (G.L. c. 265, §22): Up to life imprisonment.
Rape of a child (aggravated rape more than 10 year age difference) (G.L. c. 265, §23): Mandatory minimum 10–15 years .
Indecent assault and battery (G.L. c. 265, §13H, §13B): Up to 5 years in state prison.
Aggravated rape or assault with intent to rape: 10–20 years or more.
Open and gross lewdness, sexual conduct for a fee, or dissemination of explicit images: All carry lasting stigma and potential sex-offender registration.
Convictions often require Sex Offender Registry Board (SORB) classification, GPS monitoring, probation with treatment conditions, and loss of professional licenses or immigration status.
Because these penalties are life-changing, you must never assume that innocence alone will protect you.
Q4: How does Massachusetts law define “lack of consent”?
Under Massachusetts law, sexual assault occurs when there is sexual penetration or contact without consent. Consent means a voluntary, informed, and mutual agreement to engage in sexual activity.
Importantly:
Intoxication, unconsciousness, or incapacity can affect legal consent.
Prior sexual activity or a relationship does not imply ongoing consent.
Words or conduct showing hesitation or refusal must be respected.
False or mistaken accusations often arise from misunderstandings about intoxication or communication, particularly among college students and young adults. A skilled defense lawyer can help jurors understand how misperception, not malice, can lead to an accusation.
Q5: How can an attorney help if I’m falsely accused?
An experienced Massachusetts criminal defense attorney will:
Immediately intervene with police to prevent questioning or arrest without proper grounds.
Conduct an independent investigation, including interviewing witnesses and obtaining surveillance or digital evidence before it disappears.
File motions to suppress statements or exclude evidence obtained unlawfully.
Challenge the credibility of the accusation, using inconsistencies, motive, or bias.
Retain experts in forensic analysis, DNA, toxicology, or psychology to counter prosecution claims.
Protect your privacy by moving to seal affidavits, request in-camera hearings, and limit dissemination of sensitive information.
Defense in these cases is both legal and reputational. Our firm’s goal is to ensure the truth emerges before charges ruin your life.
Q6: What about false accusations in college or workplace settings?
Massachusetts universities handle sexual-misconduct cases under Title IX or campus conduct codes. These proceedings are separate from criminal court but can have devastating consequences — suspension, expulsion, or permanent disciplinary records.
Students and employees accused under these policies should:
Request all evidence and reports under the school’s procedures.
Avoid informal conversations with investigators.
Have an attorney or advisor present at every interview.
Keep all communication professional and in writing.
Although these hearings are administrative, statements made there can later be used in criminal prosecutions. Coordinating the defense strategy between campus and court is critical.
Q7: What mistakes do people commonly make after being accused?
Talking to police without a lawyer. Many people believe explaining themselves will end the investigation. It rarely does.
Posting on social media. Even vague posts can be misconstrued. Delete nothing but stop posting immediately.
Contacting the accuser or mutual friends. This can lead to charges of witness intimidation or violation of a restraining order.
Failing to document events. Memories fade; detailed notes made early help your attorney reconstruct what really happened.
Choosing the wrong lawyer. Sex-crime defense requires specialized knowledge of forensic evidence, trauma psychology, and Massachusetts jury dynamics.
Q8: How do Massachusetts courts treat consent when alcohol is involved?
This is one of the most complex issues in modern sexual-assault law. The Commonwealth must prove lack of consent beyond a reasonable doubt. However, when alcohol or drugs are involved, the question often becomes whether the accuser was so impaired as to be incapable of consenting.
Courts analyze:
The degree of intoxication;
Who initiated sexual contact;
Whether both parties voluntarily consumed alcohol;
The presence of memory gaps or inconsistent statements.
Cross-examination and expert testimony are often decisive. A seasoned defense lawyer can demonstrate how voluntary, mutual activity was later reinterpreted through regret or outside pressure.
Q9: Can I be arrested based only on an accusation?
Yes. Massachusetts police can seek a complaint or arrest warrant based solely on probable cause, which can come from the accuser’s statement alone. That’s why early legal intervention is critical.
However, a strong defense can expose weaknesses long before trial — inconsistent statements, lack of forensic evidence, or motives such as custody disputes, revenge, or saving face.
Our firm frequently resolves cases at the clerk-magistrate hearing or pre-arraignment stage, preventing public charges altogether.
Q10: What if the accusation is completely false?
Unfortunately, false accusations happen for many reasons — jealousy, anger, retaliation, or misunderstanding. While relatively rare, they are devastating.
If you are truly innocent:
Stay calm and disciplined. Emotional outbursts make you appear unstable.
Let your lawyer control communications. Direct contact can only hurt your case.
Gather corroborating evidence early. Receipts, messages, and witnesses often prove your whereabouts or contradict the timeline.
Avoid discussing the case publicly. Even friends’ posts can reach prosecutors or jurors.
With patience and an aggressive defense, many false-accusation cases end in dismissal, acquittal, or findings of “no probable cause.”
Q11: What are the long-term consequences if convicted?
Even after serving a sentence, those convicted of sexual offenses face lifetime consequences:
Sex Offender Registry Board (SORB) classification and public listing.
Restrictions on housing, travel, and employment.
Permanent criminal record accessible to employers and licensing boards.
Loss of professional licenses (teaching, nursing, law, real estate, etc.).
Loss of child custody or visitation rights.
These penalties highlight why a robust, early defense is essential — and why every false accusation must be fought vigorously.
Q12: What can an experienced Massachusetts sexual-assault defense lawyer do for me?
At Benzaken, Sheehan & Wood, LLP, we approach each case with a combination of forensic rigor and trial-tested strategy:
We dissect the prosecution’s evidence, from DNA to phone records, identifying every inconsistency.
We retain medical and psychological experts to challenge credibility and interpretation.
We cross-examine police officers, SANE nurses, and investigators using precision, exposing bias and assumptions.
We protect clients in both the courtroom and the public arena, moving to seal or suppress inflammatory material wherever possible.
Our goal is not just acquittal — it’s restoring your reputation and giving you your life back.
Q13: What should I do right now if I’ve just been accused?
Stop communicating with the accuser.
Do not talk to police without legal counsel.
Call an experienced Massachusetts criminal defense attorney immediately.
Preserve every possible piece of evidence.
Prepare to fight. Innocence alone doesn’t win cases — strategy does.
Closing
A wrongful accusation of sexual assault can shatter a person’s life overnight — but with swift legal action, it can also be defeated. The Massachusetts criminal-justice system demands proof beyond a reasonable doubt, and skilled defense lawyers know how to make that standard mean something.
If you or a loved one has been accused, contact Benzaken, Sheehan & Wood, LLP today. Our Brockton-based criminal defense attorneys have decades of experience defending clients in sexual-assault and Title IX cases throughout Massachusetts. We understand the stakes — and we know how to fight for your future.