RAPE OF CHILD: NOT GUILTY
INDECENT ASSAULT and BATTERY: NOT GUILTY

Client, 44-year-old contractor, was accused of rape and indecent assault and battery by his 11 year-old niece. The alleged victim claimed that the Defendant had filmed her taking a shower with a camera from the outside bathroom window. The parents of the alleged suspected that it was the Defendant because they discovered a “peephole” in the wall that separates the Defendant’s bedroom from the alleged victim’s bedroom. Brockton Police inspected the peep hole, which was a drill hole that appeared to be strategically placed under a shelf in the victim’s room. The alleged victim stated that her uncle (Defendant) would grab her butt very often and that if happened so many times that she couldn’t guess how many. The alleged victim disclosed an incident in which she was sleeping on the couch with the Defendant. She stated that the Defendant rubbed her stomach, unbuttoned her pants, and put his finger inside her. At trial, Attorney Gerald J. Noonan thoroughly discredited the alleged victim. Attorney Noonan introduced exhibits and a diagram showing the layout of the small living room and the couch where the alleged rape occurred. At the time of the rape, the alleged victim stated that she had been sleeping on the same couch as her younger sister and her brother was sleeping on the floor beside the couch approximately five feet away. Attorney Noonan showed that the alleged victim’s sister and brother would have seen or heard the rape because they were literally a few feet away when it happened. The alleged victim’s trial testimony was different from her interview with police. She told police that the Defendant inserted one finger into her vagina. At the trial, the alleged victim testified that the Defendant inserted “five fingers” inside her vagina. Attorney Noonan argued that inserting five fingers into the vagina of an 11 year-old female weighing approximately 70-80 pounds would be painful causing the alleged victim to cry, yell or scream out in pain. Attorney Noonan exploited the absurdity of the alleged victim’s testimony that the Defendant inserted all five fingers into her vagina and proceeded to move all five fingers back and forth inside her vagina in a rubbing motion. Meanwhile, the alleged victim remained totally quiet and her siblings sleeping feet away never heard or saw anything. In addition, had these allegations been true, Attorney Noonan argued that there would be some physical or medical evidence to corroborate that the alleged victim had been digitally raped. To make things more unbelievable, after the rape, the alleged victim got up from the couch went to the bathroom, and returned to the couch where she slept for the rest of the night. Attorney Noonan established that all the family members were home and that the alleged victim passed her parent’s bedroom to and from the bathroom and decided not to disclose anything to them at that time. Attorney Noonan argued that it didn’t make any sense that a girl having been digitally raped for over two minutes with five fingers by a grown man would then decide to return back to the same couch and sleep beside the person who had just raped her. The jury only deliberated for about two hours and found the Defendant Not Guilty on all indictments.

Result: Attorney Gerald J. Noonan gets Not Guilty verdicts in Child Rape case saving his client from serving life in prison. “Brockton man found not guilty of charges of child rape, indecent assault.”