Legal Question in Criminal Law in Massachusetts

Re: Rape Case Question

I disagree with the previous reply. Just yesterday, a jury found a client of mine Not Guilty of Parental Kidnapping,

That client talked to the press continually, and was even interviewed on Channel 4's Eye-Team (CBS Boston) by Joe Bergantino.

The cure is to ask the jury if anyone was swayed one way or the other by the publicity.

As to her speaking to you: Ask your lawyer to get a protective order for you. There are several kinds: one is an abuse prevention order, which is available to you if you had been in an intimate dating relationship.

If that does not work, your counsel can possibly bring a civil assault action against her. She has put you in fear. Do not try to do this alone. To do this, certain circumstances must exist. You will have to fill in some gaps for your lawyer.

You might also consider carrying a mini-taperecorder with you,

ready to turn on the moment she approaches you.

Be careful. This, too, must be done in a special way . . .

so that you do not violate the "wiretap" law,

which in Massachusetts requires both parties to

know about the recording.

If she speaks to you,you will have it recorded. Immediately ask, "Do you mind if I tape this?"

If she says Yes, then record.

If she says No, say, "Then I'm turning this recorder off."

In that way, you have a record that she spoke first and what she said.

The defense to a charge of tape-recording is that the taping was not done in SECRET.

What you did was not SECRET. Given that she has accused you of rape, she should have NO REASONABLE EXPECTATION OF PRIVACY.

She must show that she EXPECTED PRIVACY when she spoke to you. That would be unrealistic or UNreasonable given that she has caused a criminal action to be initiated against you.

Good luck!!

Barbara

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Barbara C. Johnson, Advocate of Court Reform and Attorney at Law

6 Appletree Lane

Andover, MA 01810-4102

978-474-0833

Committee to Elect Barbara C. Johnson for Governor

P.O. Box 1863

Andover, MA 01810

Campaign for Governor: http://www.barbforgovernor.com

False Allegations: http://www.falseallegations.com

Participating Attorney:

http://www.lawguru.com/cgi/bbs2/user/browse.shtml

[email protected]

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The judicial system is very broken. It must be fixed.

There are four people who can do the job:

Everybody, Somebody, Anybody, and Nobody.

Everybody thinks Somebody will surely do it.

It is a job Anybody can do. But Nobody is doing it.

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Re: Rape Case Question

You should not be posting any questions in a public place when you have charges pending against you. These could be used against you in your criminal case. Any questions you have should be asked of your lawyer, and no one else.

This is really important. There are not that many Rape cases being prosecuted in this county, and you could be identified from the information you included. The consequences if you are found guilty are very serious. Speak only with your lawyer about this.

Tom