On October 25, 2014 CM, an 18 year old boy from a town north of Boston, met JR, a 17 year old girl from another town north of Boston at a pre-Halloween party. The next day JR invited CM over to JR’s house. One thing lead to another very quickly and JR asked CM if he had a condom; when he said no, she produced a condom and the two of them had sex. For several days after that they texted one another but then JR got a boyfriend and CM became history. In late January 2014 JR’s boyfriend became history and JR and CM began texting one another again. They decided to hook up again. This time (on February 1, 2014) CM picked JR up and drove her to CM’s house where they went in and had sex again. This time CM was prepared and had a condom. After the sex, CM drove JR back to her house; they kissed one another and she exited his vehicle. The next day, February 2, 2014, the police show up at CM’s house and serve him with an Harassment Prevention Order from JR.On February 7, 2014 CM got a call from a Police Detective asking CM to come into the station. CM (without a lawyer) went to the Police Station where the police told him that he was being accused of rape and sexual assault of JR at CM’s house on February 1, 2014. CM freely admits having had sex with JR at his house on February 1, 2014 but is adamant that the sex was consensual. During the interview at the police station CM is never asked about and never mentions never mentions the October incident to the police.
CM and his parents contact Attorney Robert Lewin, in North Andover. Attorney Lewin tells them to come in immediately (that night) which they did. Attorney Lewin gets a complete statement of the facts from CM. CM’s family has a security video system installed on the exterior of their house and the video system captures on video all persons arriving at and leaving the house. CM’s parents bring the video recording from February 1, 2014 and it clearly shows CM and JR entering the house and then later leaving the house. JR appears perfectly normal. CM’s parents retain Attorney Lewin.
Attorney Lewin – that very same night – contacts the Police Department and faxes over a letter to the police that they are not to contact CM any further. In addition, Attorney Lewin faxed a letter over to the Middlesex County D.A.’s Office. More importantly Attorney Lewin layed out for the police and the DA CM’s innocence. The next day Attorney Lewin spoke directly with the lead detective in the case. It became immediate obvious to Attorney Lewin what happened in this case. JR never told her Mother and Grandmother (with whom she lived) that she had gone out with CM and that she was sexually active. JR’s Mother and Grandmother did not know about the sex in their own house back in October. The police did not know about the consensual sex in October. It was obvious that JR had never mentioned the sex in October to anyone. It became apparent to Attorney Lewin that when JR showed up at home after the February 1 hookup with CM that she had to have a story for her Mother and Grandmother; thus the rape accusation. The police were confounded when Attorney Lewin informed them of the sex back in October in JR’s own house. Here she was claiming to be raped in February and never mentioning to the police that CM had been at HER house and that she had provided him with a condom and that he and she had had consensual sex back in October. The DA’s Office requested a copy of the video which Attorney Lewin was only too happy to provide.
Attorney Lewin explained to CM and his family that the Middlesex County DA’s Office does not like to drop rape charges and that it may be a long time before the case gets resolved. Well, today, March 31, 2014, Attorney Lewin received a call from the Assistant District Attorney that the investigation is closed and NO charges are being filed. One reason that the very best possible result was obtained so quickly was that CM’s parents had the foresight to get a seasoned criminal lawyer with great experience in rape investigations involved at the investigation stage. Had the police and the District Attorney’s Office not been presented at the earliest possible time with a strong “offense” on the other side this case would have gone to indictment, arrest, and prosecution in Superior Court and the creation of a criminal record. All of that was avoided because the defense struck back hard and early. Attorney Lewin just got off the phone with CM and his parents and they are overjoyed.