Woburn man cleared of rape criticizes Boston police

(Globe file photo)

By John R. Ellement, Globe Staff

Suffolk prosecutors have dropped aggravated rape charges against a 21-year-old Woburn man, who was arrested by Boston police in January after allegations that he had sex with an unconscious woman in the bathroom of a Boston nightclub.

In papers filed in Boston Municipal Court today, Suffolk District Attorney Daniel F. Conley's office formally withdrew the prosecution of Nicholas Chiaraluce for the Jan. 19 incident inside the Felt nightclub.

"Based on the evidence developed during the course of a grand jury investigation, the Commonwealth has concluded that it would not be able to meet its burden at trial of proving each of the elements of the offense charged beyond a reasonable doubt,'' Conley's office said in court papers.

In a telephone interview, Chiaraluce welcomed his exoneration and criticized police for arresting him at the nightclub without speaking to the woman first. He said he and the woman had consensual sex.

“There was absolutely no need for me to get arrested,’’ he said, adding that the woman became sick and he tried to get her help. “I was trying to be a Good Samaritan.’’

His attorney, Joan M. Fund, said in a telephone interview that authorities reacted without thinking when they arrested the computer technician outside the Theater District nightspot. She said the woman was never interviewed by police before they charged her client, that tests showed she had alcohol in her system but no drugs, and that her friends broadly supported Chiaraluce’s contention that he did not sexually assault her.

“Everything was as my client said,’’ the New Bedford attorney said. “This was a rush to judgment.’’

Chiaraluce was on the verge of getting a full-time job with a company, but lost that opportunity after his arrest, Fund said. She said Chiaraluce and his family, who strongly supported his claims of innocence and posted $30,000 cash bail, are “thrilled’’ and are celebrating the dismissal of the charges.

“I think it’s a grave injustice to him,’’ Fund said. “Even though this is the right result, he never should have been arrested.’’

But Boston Police spokeswoman Elaine Driscoll said police were told by "credible witnesses" that Chiaraluce had performed a sex act on an unconscious woman.

"Someone who is unconscious cannot give consent,'' she said. "We had a victim being transported to the hospital, unconscious. We had several credible witnesses detailing what they saw....You don't let someone walk away in that situation.''

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