Case Result

Case Result

Rape: Dismissed

Rape: Dismissed

 A man was accused by his long-term, live-in girlfriend of rape.  After living together for a long time, the couple broke up.   Before moving out, the woman went to police and alleged that the man both held her captive and repeatedly forced her to engage in sexual relations against her will.  She also sought a restraining order for his temporary removal from his home so that she could continue to live there rent free.

Based on the woman’s accusations, the man was charged in Uxbridge District Court with multiple counts of rape while he awaited indictment in Worcester County Superior Court.   He retained Massachusetts Sexual Assault and Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.

Attorney Calcagni and his team first successfully persuaded the prosecution to not seek an indictment against the man and instead, allow his case to remain in District Court where he faced less serious charges and potential punishment.  The rape charges were then lowered or reduced to Indecent Assault and Battery.

From there, Attorney Calcagni conducted his own independent investigation of the complaining witness to include subpoenaing her mental health history, medical records, and more.   He also developed evidence of the woman’s bad character and motives to fabricate against her ex-boyfriend.

As the case progressed, the Court allowed the defense motions to obtain information about the woman’s background and history.  Over time, the woman saw the writing on the wall and communicated to the prosecution that she did not want to participate in the case any longer.  As a result, Attorney Calcagni successfully persuaded the Commonwealth to dismiss this case and its charges against his client.