A rape accusation can upend your life in a single phone call. Even if the allegation is entirely false, the criminal justice system will not simply take your word for it — and every move you make right now, before charges are even filed, can determine what happens next.
This post is for you if you believe you have been falsely accused of rape or sexual assault in Massachusetts — whether you’ve been contacted by police, told a complaint was filed against you, or you simply sense something is coming. The decisions you make in the next 24 to 72 hours may be the most consequential of your life.
False Accusations Are Real — and More Common Than People Assume
False allegations of rape do occur. Motivations vary: a relationship gone badly, custody disputes, regret after a consensual encounter, mental health crises, or pressure from third parties. Acknowledging this is not an attack on survivors — it is simply an honest recognition that the accused are entitled to a fair process, too.
In Massachusetts, a rape conviction under M.G.L. c. 265, § 22 carries a sentence of up to life in state prison. The charge alone — before any trial, before any verdict — can cost you your job, your housing, your relationships, and your reputation. A conviction adds mandatory sex offender registration under M.G.L. c. 6, §§ 178C–178P, a requirement that can follow you for decades or for the rest of your life depending on your classification.
This is not a situation you can manage on your own.
Do Not Talk to Police Without an Attorney
This is the single most important thing in this entire post.
Investigators are trained to build a case. They may approach you as if you are simply clearing things up. They may tell you that cooperating will make things easier. It will not. Anything you say — even a truthful, reasonable explanation — can be taken out of context, used selectively, or turned against you at trial.
You have a Fifth Amendment right to remain silent. Use it. Politely. Immediately. Say nothing beyond: “I’d like to speak with an attorney before answering any questions.” Then stop talking.
This is not consciousness of guilt. Every experienced Boston criminal defense attorney will tell you the same thing.
Do Not Destroy Evidence — Any Evidence
If you think deleting text messages, photos, or emails will protect you, think again. Evidence destruction can become a separate crime and will be treated by prosecutors as proof that you knew you were guilty of something. Preserve everything — your own messages, her messages, emails, social media exchanges, location data, receipts, anything. That evidence may be your alibi.
What a Strong Defense Looks Like
False accusation cases are built on four pillars:
Alibi evidence — and it vanishes faster than you think
Where were you? Phone records, GPS data, surveillance footage, credit card transactions, and witness testimony can place you somewhere other than where the alleged assault occurred — or confirm a timeline that contradicts the accusation.
But surveillance footage is often automatically overwritten within 24 to 72 hours. Businesses delete it. Cameras get reset. Once it’s gone, it’s gone forever. An attorney needs to move immediately to identify and preserve that footage before it disappears. Every day you wait is a day that evidence may be lost.
Digital evidence
Inconsistent statements
Complainants often give multiple accounts — to friends, to police, to nurses, to investigators. Experienced defense attorneys systematically compare these accounts for contradictions. Inconsistencies do not always mean someone is lying, but significant discrepancies, identified and presented effectively, can raise serious reasonable doubt.
Motive to fabricate
A skilled attorney will investigate whether the complainant had reason to make a false report. Ongoing disputes, financial entanglements, custody matters, or evidence of prior false reports are all legitimate lines of inquiry.
The Rape Shield Statute — and Why It Isn't the End of the Story
Massachusetts’s rape shield law, M.G.L. c. 233, § 21B, generally bars the introduction of evidence about a complainant’s prior sexual history. This statute exists to protect genuine victims from having their past used to humiliate them, and in that context it makes sense.
But the statute has recognized exceptions. Evidence of prior sexual conduct between you and the complainant may be admissible. Evidence offered to explain the source of physical injury or other forensic findings can also come in.
Most critically, if excluding evidence would violate your constitutional right to present a complete defense, the court must weigh those competing interests — and courts have found that the constitution sometimes requires admission of evidence the shield statute would otherwise block. Navigating these exceptions requires an attorney who knows this area of law cold.
The Presumption of Innocence Is Yours — But You Must Protect It
Under Massachusetts law and the United States Constitution, you are presumed innocent. The prosecution bears the burden of proving every element of the offense beyond a reasonable doubt — you do not have to prove anything. But that presumption does not protect itself. It has to be actively defended.
The moment an accusation is made, investigators begin building a narrative. If you are not represented by counsel, you have no one building yours.
Every Action You Take Right Now Is Under a Microscope
Who you call. What you post. Whether you reach out to the complainant. How you respond to the police. Whether you show up to work or disappear. All of it can be observed, documented, and used.
This is not the moment for improvisation. It is the moment for someone who has been through this before — who knows how these cases are investigated, how prosecutors think, and where the pressure points are.
What to Do Right Now
Call a Massachusetts criminal defense attorney today. Not tomorrow. Before your next conversation with anyone about this case. An experienced attorney can begin preserving evidence — including that surveillance footage that may only exist for another day or two — advising you on your conduct, and positioning your defense before charges are ever formally filed. Cases won at the investigative stage are the best kind — they never go to trial at all.
The decisions you make in the next few days can shape your future. At the Law Office of Matthew W. Peterson, we bring 15 years of combined legal experience and have handled numerous rape cases in Massachusetts. Don’t wait. Make the call at 617-391-0060 today.
