WORCESTER, MA…June 4, 2026. For the fifth time in 24 months, trial attorneys at Boston-based Brad Bailey Law P.C. won not guilty verdicts on all counts in a case alleging either aggravated child rape, child rape, or forcible rape.
This time, the firm’s owner and managing partner, Brad Bailey, and veteran trial associate Patrick L. Garrity secured the winning sweep for their client after a 5-day jury trial in Worcester County Superior Court. The client was charged with two counts of rape of a child in violation of G.L. c. 265, § 23, and one count of indecent assault and battery on a child under fourteen in violation of G.L. c. 265, § 13B. Facing a 15-year mandatory minimum sentence and the possibility of life in prison, if convicted, the jury acquitted him on every charge.
Adding to three “hung jury” mistrials in three other rape cases (two of which involved child rape allegations), today’s result represents an unprecedented eight times in the last two years in which Brad Bailey Law, P.C. has achieved favorable jury-trial outcomes for their clients in four different Massachusetts counties in high-stakes sex crimes cases.
This victory underscores a fundamental principle of our criminal justice system: an allegation is not proof. In every criminal case, and especially in cases involving the most serious accusations, the Commonwealth bears the burden of proving each element of each charge beyond a reasonable doubt. The presumption of innocence remains with the accused throughout trial unless and until the government meets that burden. At the same time, today’s jury-trial win underscores an equally compelling truth: experience truly matters!
Serious Charges Require Serious Trial Defense
Child rape and child sexual assault allegations are among the most serious charges a person can face in Massachusetts. The consequences of a conviction can include lengthy mandatory prison sentences, lifetime sex offender registration, probationary restrictions, reputational devastation, and permanent collateral consequences affecting housing, employment, family relationships, and personal liberty.
Because the stakes are so high, these cases require careful preparation, detailed investigation, strategic motions practice, and effective trial advocacy. A successful defense often requires close attention to the evidence the Commonwealth does — and does not — have. That includes examining the timeline, alleged opportunity, witness statements, medical records, forensic evidence, first complaint evidence, prior inconsistent statements, and whether the prosecution can prove each count beyond a reasonable doubt.
In this case, attorneys Brad Bailey and Patrick Garrity challenged the Commonwealth’s evidence in all phases of trial, aggressively cross-examining all prosecution witnesses and presenting a highly effective defense-in-chief. By pre-planning, adopting, and executing a well-thought-out trial strategy and through focused forensic examination, effective advocacy, powerful legal arguments, the defense was not only able to level “the playing field” on behalf of an innocent client but also able to ensure that proper justice was done.
The Role of Cross Examination and the Presumption of Innocence
Cross-examination remains one of the most important tools in the defense of serious criminal charges. It allows the defense to test memory, reliability, consistency, bias, opportunity, and the foundation of the Commonwealth’s allegations. In cases where the government’s proof depends heavily on witness testimony, effective cross-examination can be critical.
The presumption of innocence is not technical. It is the starting point and the continuing protection afforded to every person accused of a crime. A defendant does not have to prove innocence. A defendant does not have to disprove an accusation. The burden always remains with the Commonwealth.
That principle mattered in this case. The jury’s verdicts confirmed that the Commonwealth had not met its burden of proof.
Massachusetts Criminal Defense Attorneys for Serious Felony and Sex Offense Charges
Brad Bailey Law, P.C. represents individuals facing serious criminal charges in Massachusetts state and federal courts, including:
- Child rape and child sexual assault charges
- Indecent assault and battery allegations
- Rape and sexual assault defense
- Internet crimes and child exploitation allegations
- Firearm offenses
- Drug trafficking charges
- Violent felony charges
- Federal criminal investigations
- White collar criminal defense
- Appeals and post-conviction litigation
When a person is charged with a serious crime, the defense must begin immediately. Early intervention can help preserve evidence, identify witnesses, challenge unreliable allegations, review forensic and medical records, litigate discovery issues, and prepare the case for trial.
Contact Brad Bailey Law, P.C.
A former state homicide and sex crimes Assistant DA, former federal prosecutor, and long-time criminal defense attorney, Brad Bailey has 5 decades of experience handling criminal cases in state and federal courts in Massachusetts, New Hampshire, New York, and elsewhere in the country. The firm’s two other trial attorneys, Dan Reilly and Patrick Garrity, are seasoned criminal defense litigators experienced in handling all cases in all courts in the Commonwealth of Massachusetts, including sex crimes. If you or a loved one is facing a serious criminal charge in Massachusetts, contact Brad Bailey Law, P.C. now to speak with an experienced criminal defense attorney.