Understanding the Admissibility of Controversial Evidence in a Massachusetts Sex Crime Prosecution.

Sexual assault and rape prosecutions in Massachusetts involve some of the most serious allegations and consequences envisioned by the criminal code. Because the facts of a sexual assault case are often based upon the credibility of both the victim and the defendant, evidence that discredits a victim can be highly beneficial to a defendant in such cases. The Massachusetts Supreme Court recently affirmed a defendant’s rape conviction, in spite of the defense’s objections to the exclusion of relevant evidence from the trial which placed the credibility of the victim at issue.

The Rape Shield Statute and Evidence Admissibility

An important point of law in this case is the Massachusetts rape shield statute, G.L. c.233, §21B. This statute limits the admissibility of evidence related to a victim’s sexual conduct, aiming to protect the victim’s privacy and prevent the introduction of irrelevant or prejudicial information. The statute outlines exceptions, allowing evidence that pertains to the victim’s sexual conduct with the defendant or recent conduct that explains physical characteristics alleged to be the result of a defendant’s conduct. The defendant sought to introduce evidence regarding the victim’s underpants collected during a medical examination performed after the alleged assault.

The state Supreme Court upheld the denial of the motion to admit this evidence, emphasizing that the defendant failed to establish a connection between the underpants collected and the ones worn by the victim on the night of the alleged rape. The court noted that the defendant’s argument of proving the victim’s intercourse with another individual and explaining her testimony about physical discomfort lacked substantive evidence that would permit the evidence’s admission at trial.

Text Messages and Impeachment

The defense also attempted to introduce a text message exchange between the victim and her sister the morning after the incident. The texts suggested the victim’s prior experiences with alcohol-induced blackouts. While the trial court allowed some text messages into evidence, it excluded certain portions, leading the defense to argue that this exclusion unfairly influenced the jury’s perception of the victim’s state of mind. The high court upheld the lower judge’s ruling to exclude some of the defense’s proposed evidence, emphasizing that the court’s discretion in admitting evidence aims to prevent undue influence on the jury’s assessment of the case. This showcases the importance of strategic decision-making in presenting evidence that supports the defense’s narrative. As a result of these rulings, the defendant’s conviction will stand

This appellate case provides a glimpse into the complex legal strategies and considerations involved in defending against serious charges. It underscores the importance of understanding and navigating detailed statutes and the Massachusetts Rules of Evidence. As this case demonstrates, defense attorneys must not only craft compelling arguments but also work within the framework of established legal principles to provide the best possible defense for their clients.

Have You Been Charged with a Massachusetts Sex Crime?

If you or someone close to you is facing sex crime charges based upon allegations of a sexual offense, a competent and experienced Boston criminal defense attorney can make the difference between conviction and acquittal. The Massachusetts criminal defense attorneys at the Law Office of Patrick J. Murphy are experienced in disputing the allegations made by prosecutors and the alleged victim. We can fight the charges against you. Our firm represents clients facing all Massachusetts misdemeanors and felonies, including serious felonies and sexual offenses. Contact our office at 617-367-0450 to schedule a free and confidential consultation with one of our lawyers.


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