Criminal Charges:
Juvenile charged in Worcester County Milford Juvenile Court for:
- Rape, in violation of M.G.L. c. 265, § 22 (b) (felony)
Case Overview:
A 17-year-old male was in a dating relationship with an 18-year-old female. One night, following a concert they attended together, they returned to her parents’ home where she alleged, he raped her while asleep. She alleged she told him to stop, pushed him off her, and that he flipped the blame on her because she never wanted to have sex with him. The two broke up and the female reported the male’s actions to police. Shortly thereafter, he received a summons in the mail to appear in Milford Juvenile Court to answer a rape allegation. The male and his parents contacted and retained the Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in his case.
Case Result: Amended to Assault and Battery (misdemeanor), Continued Without a Finding for 1 Month
Attorney Calcagni and his team reviewed and analyzed all the evidence in the case, filed and litigated several pretrial motions, reviewed tens of thousands of text messages communications between the couple, and engaged in ongoing negotiations with the Commonwealth. After successfully litigating a pretrial motion for the information related to all the individuals, the female’s disclosed allegations and locating text message communications in favor of the male’s consent defense, the Commonwealth agreed to amend the Rape charge to Assault and Battery and continue the case without a finding for one month. The case will then be dismissed and become eligible to be sealed.