Indecent Assault Case in Dartmouth MA

Criminal Charges:
Man charged in the New Bedford District Court for:
- Indecent Assault and Battery on a Person 14 or Over, in violation of M.G.L. c. 265, § 13H
City, State, County and Court:
Dartmouth, Massachusetts, Bristol County
New Bedford District Court
Case Overview:
A Lawful Permanent Resident of the United States worked as a unit coordinator at an inpatient mental health facility. He was criminally charged with sexual assault after a female patient alleged that he forced her to perform oral sex on him. Following the sexual encounter, the patient preserved the man’s semen on an article of clothing, which she provided to police during the investigation. DNA testing confirmed it was the man’s semen. Before being arrested and charged, he voluntarily met with police – without counsel – and denied the sexual encounter. Soon after, he retained Massachusetts Sex Assault Defense Lawyer, John L. Calcagni III and his associate, John R. Pensa, to defend him in this case.
Case Result: Not Guilty.
The man, who faced inevitable deportation to Venezuela upon conviction, along with a felony conviction, incarceration and sex offender registration, exercised his right to a jury trial. The Defense proceeded to trial on the theory that the sexual encounter was consensual. Following jury selection, the litigation of several motions in limine, examinations of the alleged victim and two police officer witnesses, and closing arguments by Attorney Pensa, the jury returned a verdict of not guilty, and the case was automatically sealed from the man’s Massachusetts criminal record.