Massachusetts Legal Developments Blog

Rape Acquittal for Former Suffolk County District Attorney

On November 4, it was reported that Adam Foss had been acquitted of all rape and sexual abuse charges. The former Suffolk County District Attorney and criminal justice advocate is now exploring legal options to hold relevant parties accountable for making false allegations against him. His defense attorney painted a damning picture for the DA’s office in this case, accusing them of basing their entire strategy on flimsy social media evidence rather than actual proof. This story goes to show that until the defense has its day in court, it is important for everyone to reserve judgment.  

How Reliable is Social Media Evidence?

The fact that the prosecution relied on social media evidence became a major talking point in later media reports. It immediately became clear that certain social media posts – including online essays – contained allegations with no real proof behind them. Despite the obvious shortcomings of this evidence, the prosecution seems to have based almost their entire around it. 

With all that being said, social media evidence is not inherently unreliable. In fact, social media evidence can help establish a defendant’s innocence. In a rape trial, certain online messages exchanged between the defendant and the alleged victim may prove or help establish a consensual encounter. Like any other form of evidence, social media is only unreliable when it is clearly devoid of any underlying facts.

Rape Investigation Turns Up Zero Evidence of Criminal Activity

Due to the fact that these alleged crimes took place while the defendant was working at the DA’s office, an official investigation was launched into the matter. An outside law firm was called in to conduct the investigation, and the investigators found no evidence of criminal acts. Although the law firm concluded that the defendant engaged in “concerning conduct,” they stopped short of labeling his actions unlawful. This was after they interviewed almost 30 different people and searched through numerous electronic documents. 

Serious questions have been raised after these revelations. If there was clearly no evidence to suggest any wrongdoing, why did prosecutors move forward with criminal charges? What reason did they have to suspect that a legitimate crime had occurred? Were they pressured by the influence of viral social media posts and numerous netizens demanding action for an alleged crime they did not fully understand? 

As Foss’ lawyer points out, this entire debacle “undermines the principles of due process and justice.” It should come as no surprise that Foss is now considering a defamation lawsuit. 

Find a Qualified Defense Attorney in Boston

Although the prosecutors often bring forth cases with very little real evidence to back their claims, a qualified defense attorney in Boston can quickly point out the flimsy foundation on which these arguments lie. As we have seen, false accusations have the potential to destroy reputations – even when they are completely devoid of any real evidence. Every defendant deserves their day in court, and this is an important part of the criminal justice system. Contact Edward R. Molari to defend yourself in a similar manner while protecting your reputation.