Jury convicts former MBTA officer of 2012 rapes

BOSTON, March 15, 2024 – A Suffolk jury today convicted former MBTA police officer SHAWN MCCARTHY, 50, formerly of Wilmington of three counts of rape stemming from a 2012 incident in which McCarthy drove two women in his cruiser, while on duty, to an area near the Museum of Science and raped both, Suffolk District Attorney Kevin Hayden announced.

McCarthy, who now lives in Maine, was ordered held after the verdict and will be sentenced on Wednesday March 20.

Assistant District Attorney Ian Polumbaum said that on July 6, 2012, the victims, then in their early 20s, were drinking in Boston when they encountered McCarthy outside the Aquarium subway station.  Against the advice of a fellow officer, McCarthy offered the women a joyride in his marked police cruiser and drove them around the area with blue lights flashing.  After stopping in a vacant lot so the women could relieve themselves, McCarthy said he hadn’t risked his job for nothing and he would not take them back downtown until he got something out of it.  The women stated that they feared getting in trouble and had no choice but to submit. McCarthy penetrated one victim’s vagina with his fingers and his penis as she stood against the parked cruiser; and inserted his fingers into the second victim’s vagina as she sat in the backseat of the vehicle.  He then drove them back to the area where they had met and warned them not to tell anyone about the episode.

One of the victims disclosed the assault soon afterward to a male relative.  In August 2019 she had to divulge it again while answering required questions as a candidate for a law-enforcement job in another community.  Up to that point both victims had believed the perpetrator worked for the Boston Police Department.  The matter was initially referred to BPD and further investigation identified the assailant as a Transit Police officer. A grand jury investigation with the MBTA police followed.  McCarthy admitted that he had two women in the cruiser on the night in question but denied any wrongdoing.  He was placed on administrative leave in December 2019 and resigned soon afterward.

Hayden thanked the jurors and the investigators who put the case together.

“This officer abused his position, violated his department protocols, and, worst of all by far, subjected two young women to sexual assaults that went unacted upon for many years.  But thanks to the victims ultimately coming forward, and the diligent work of investigators, justice in this case was sought and, with today’s verdict, delivered,” Hayden said.

The victims of any crime, including domestic or sexual violence, should call 911 in an emergency.  SafeLink, a statewide DV hotline, can be reached at 877-785-2020.  SafeLink is answered by trained advocates 24/7 in English, Spanish and Portuguese, as well as TTY at 877-521-2601.  It also has the capacity to provide multilingual translation in more than 140 languages.

Help is also available for members of our LGBTQ+ community experiencing domestic or intimate partner violence through The Network/La Red by calling 617-742-4911 or 800-832-1901. 

All charged individuals are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Suffolk County District Attorney Kevin Hayden’s office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 20,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.

 James Borghesani, Chief of Communcations