Rape Defense Attorney in Boston
Immediate Protection, Discreet Guidance & Local Authority for Rape Charges in Boston
If you or someone close to you has been accused of rape in Boston, you are probably experiencing anxiety, uncertainty, and a sense of urgency about what comes next. In these moments, the guidance of a trusted rape defense attorney in Boston who understands Massachusetts law and the realities of the Boston court system can make a significant difference.
At Degiacomo & Mikhlin, P.C., our attorneys know how isolating and stressful this situation can feel. As former prosecutors with extensive experience in local criminal defense, our team provides the knowledge, confidentiality, and aggressive strategy needed to protect your rights from day one.
Every case is handled with strict discretion, personal compassion, and a legal approach designed for high-stakes matters. Do not try to handle these allegations by yourself. Our team is available 24/7 and ready to answer your questions, offer immediate guidance, and begin building your defense.
Facing a rape charge? Secure the expertise of former prosecutors with nearly a decade of legal experience. Call a proven rape defense attorney in Boston now at (617) 941-3666 or reach out online for a free consultation.
Understanding Rape Laws in Massachusetts
In Massachusetts, rape is a serious felony offense defined as compelled sexual intercourse. The specific severity of the charge depends entirely on the nature of the act, the alleged victim's age, and the circumstances surrounding consent.
Massachusetts General Laws Chapter 265, Section 22 defines rape as:
The unnatural sexual intercourse or compelling a person to submit to such intercourse by force, threat, or duress.
Key points a Boston rape defense lawyer must consider:
- Sexual Intercourse: This term is broadly defined in Massachusetts and includes both vaginal and anal penetration.
- Lack of Consent: The act must occur without the alleged victim's consent. This element is central to nearly every rape case.
- Compulsion: Compulsion can be achieved either through force (physical violence) or threat/duress (the threat of force or harm, or overpowering the victim's will).
Aggravated Rape Charges
The penalties for rape are significantly increased if the offense is classified as aggravated rape, which occurs when the perpetrator:
- Causes serious bodily injury to the victim.
- The victim is kidnapped or confined.
- The perpetrator uses a dangerous weapon.
Penalties and Collateral Consequences of a Rape Conviction
A conviction for rape in Massachusetts has irreversible consequences that necessitate the intervention of a highly experienced defense firm.
Direct Consequences
The minimum penalties for rape are severe:
- Rape (M.G.L. c. § 265:22): Mandatory minimum sentence of 5 years in State Prison; maximum of up to 20 years or life.
- Aggravated Rape: Mandatory minimum sentence of 15 years in State Prison; maximum of life imprisonment.
Collateral Consequences
The secondary, non-judicial penalties of a rape conviction are often more devastating than the prison time:
- Mandatory Lifetime Sex Offender Registration: A rape conviction almost always requires registration with the Sex Offender Registry Board (SORB) for life. This public registration (including name, photograph, and address) makes it nearly impossible to obtain housing, employment, or pursue education.
- Reputational Ruin: The social stigma is permanent and absolute.
- Loss of Professional Licensing: Doctors, nurses, teachers, and other professionals face immediate and permanent loss of their occupational licenses.
- Immigration Consequences: For non-citizens, a rape conviction is an Aggravated Felony under federal law, resulting in mandatory, unavoidable deportation.
Our Comprehensive Approach to Rape Defense
A successful defense against a rape accusation requires a precise, multi-layered strategy that challenges the core legal elements, the constitutional basis, and the factual integrity of the State's case.
DeGiacomo & Mikhlin, P.C. employs the following key strategies as your Boston rape defense lawyer:
- Attacking the Consent Element: In cases involving acquaintance or relationship, we focus on the concept of affirmative consent. We present evidence and cross-examination that demonstrate the interaction was consensual, or that the circumstances created reasonable doubt as to the lack of consent.
- Challenging Forensic Evidence: We retain independent DNA and toxicology experts to review the State's findings. Errors in the chain of custody, testing procedures, or interpretation of results can render forensic evidence inadmissible or unreliable, often destroying the prosecution's case.
- Negating Force and Compulsion: We scrutinize the evidence for proof of physical injury or verifiable threat. If the prosecution cannot prove force or compulsion, the foundation of the rape charge is undermined.
- Exposing False Accusations and Motive: We conduct a thorough investigation to identify potential motives for a false report, such as revenge, custody disputes, or mental health issues. Our former prosecutor insight is critical in identifying and presenting evidence of misrepresentation or fabrication.
- Constitutional Defenses: We aggressively look for violations of the defendant's Fourth (unlawful search) and Fifth Amendment (right to remain silent/coerced confession) rights. Suppressing a key statement or piece of evidence is often the quickest path to achieving a favorable outcome.
Why Choose DeGiacomo & Mikhlin, P.C. for Rape Defense in Boston?
Selecting the right legal team is about more than just experience. You need attorneys who understand prosecution strategy, local court procedures, and the importance of discretion. At Degiacomo & Mikhlin, P.C., our attorneys have served as former prosecutors in Massachusetts, giving us insight into the other side's playbook.
Our unique approach gives you a real advantage:
- Our attorneys know how prosecutors assess and pursue rape allegations, and can anticipate their moves from day one.
- We focus on criminal defense cases in Boston, so we know the staff, processes, and personalities at sites like Suffolk County Superior Court.
- Our team is available 24/7, ensuring you get answers and reassurance when you need it most—day or night.
- Clients appreciate our judgment-free support, confidentiality, and proven ability to handle high-profile, sensitive charges.
When you work with our firm, you gain more than representation—you benefit from local insight, strategic advantage, and unwavering commitment to your defense.
What to Do If You Are Accused of Rape in Boston
The right steps now can determine the scope of your defense. If you or someone you know is accused of rape in Boston, follow these immediate actions:
Take these urgent steps to protect your rights:
- Do not speak to law enforcement, investigators, or the accuser without your attorney present.
- Avoid discussing the situation with friends, family, or posting anything about it on social media.
- Gather and preserve evidence, such as texts, emails, photos, and location information, but share it only with your attorney.
- Document your version of events privately for your attorney’s review.
- Contact a rape defense attorney in Boston as soon as possible for confidential advice tailored to your case.
Common missteps—like trying to clear your name on your own—can harm your defense. Our team understands the tactics used by Boston law enforcement and prosecutors and can guide you around these pitfalls, protecting your case at every turn.
Contact Our Boston Rape Defense Lawyers Today
If you are facing rape charges or expect an accusation in Boston, reaching out to an experienced rape defense lawyer is an essential first step. Our attorneys can quickly provide the confidential, compassionate support you need to begin your defense and protect your future.
With our prosecutor background, thorough knowledge of Boston courts, and 24/7 accessibility, our team at Degiacomo & Mikhlin, P.C. is prepared to act as your advocate during this critical time. We focus on both the legal and personal aspects of your case to support your rights, privacy, and peace of mind.
Call Degiacomo & Mikhlin, P.C. at (617) 941-3666 or reach out online for a confidential consultation, any time day or night.
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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Represented Clients in MA District, Superior, & Appellate Courts
Noteworthy Case Results
Focused on Getting You the Best Possible Outcome
James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!
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Not Guilty January 2025 Case Result – Lynn District Court
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Case Dismissed January 2025 Case Result – Salem District Court
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Case Dismissed January 2025 Case Result – Fall River District Court
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Case Dismissed January 2025 Case Result – Haverhill District Court
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Case Dismissed December 2024 Case Result – Brookline District Court
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Complaint avoided November 2024 Case Result – Brockton District Court