Commonwealth v. S.M., Suffolk Superior Court

The client had initially been indicted in 2003 with two counts of Aggravated Rape and Kidnapping following his DNA having been linked to an alleged rape that occurred in 1988. Prior to his trial in 2005, the Kidnapping charge was dismissed for being beyond the statute of limitations, and the client proceeded to trial on both rape charges.

The complainant, who had initially reported the alleged rape in 1988, was called before the Grand Jury in 2003 and again gave sworn testimony at the trial in 2005. The details of her accounts, however, changed between her initial report in 1998 to when she testified before the Grand Jury, and then again in 2005. At the client’s first trial in 2005, a jury acquitted him of both counts of Aggravated Rape, but did convict him of one count of the lesser-included charge of Rape.

Following his conviction on that lone Rape charge, he was sentenced to 10-12 years in state prison. He appealed…and his conviction was thrown out for critical errors that occurred during the 2005 trial. In 2010, the Suffolk County District Attorney’s Office then elected to re-try the client on the lone Rape charge.

In the meantime, however, the client had been convicted of other felony crimes, including Gun Crimes and other unrelated Sex Crimes. As such, he had been held in custody since 1992. If Attorney Travayiakis obtained an acquittal for his client, he would be released; otherwise, the client would likely spend at least another 6-8 years in prison.

The stakes were high for other reasons as well. Although the client had already been adjudicated and ordered to submit to Sex Offender Registration, another conviction for a Sex Crime would most certainly ensure civil commitment as a “sexually dangerous person” for life.

At the retrial, Attorney Lefteris K. Travayiakis focused his client’s defense in challenging the credibility of the complainant; as well as calling into the question the physical evidence from the ‘Rape Kit’ that was conducted at the time, i.e., the evidence did not support the complainant’s allegation of a forcible rape.

Despite a very heated jury trial, which included a certain government witness and family members attempting to intimidate Attorney Travayiakis, he successfully convinced a jury to acquit his client. NOT GUILTY, and the client walked out of court a free man for the first time in almost 20 years.

If you or a loved one has been charged with the crime of Rape or any other Sex Crimes, Attorney Lefteris K. Travayiakis is available 24/7 for consultation.

To schedule a Free Consultation with a Boston Sex Crimes Lawyers, Contact Us Online or call 617-325-9500.