SPRINGFIELD -- Attorneys in the case of a local lawyer facing sexual assault charges argued Tuesday over issues of consent -- and whether one of the man's accusers needed to say "no" for a count of rape to stand.

Three women have leveled sexual assault allegations against James Martin, 41, of Amherst. Grand juries have indicted him on charges including rape and indecent assault and battery. He has denied each of the charges.

At issue Tuesday were indictments relating to a woman who says Martin, who practiced law in Springfield and other courts, forced her to perform oral sex on him after she went to his office on June 6, 2016, to discuss her upcoming divorce.

Defense attorney Alan J. Black argued there was not enough probable cause to support the grand jury's indictments: one count of rape and two counts of indecent assault and battery.

Those charges should be dropped, Black argued, because the grand jury minutes do not indicate the woman told Martin "no." There is no evidence of a "lack of consent" at all, he said; later on the woman talked about being confused and there being an issue of power.

But Assistant District Attorney Eileen Sears said an explicit, verbal "no" isn't necessary.



Sears said the woman said she was fearful, intimidated and didn't feel she could say "no," which is equal to her not consenting.

Hampden Superior Court Judge Constance M. Sweeney said probable cause requires the woman to have conveyed her lack of consent to Martin.



Sears said Martin locked the office door during the encounter -- and when he put his hands on the woman, the woman started to move her body away. She said that would give Martin the impression it was unwanted conduct.



Black said the woman did not communicate in any way that a reasonable person could understand was a "no."



"It's a tricky situation," Black said.



Sweeney took the matter under advisement.



Martin faces four other counts of indecent assault and battery, based on allegations he assaulted another one of his clients after driving her to an alley in Holyoke. That woman reported the assault to police on Aug. 24, 2016, court documents show.

Martin, who is free on his own recognizance, is also charged in a separate case with three counts of indecent assault and battery and one count of assault and battery.

In that case the indictments allege the acts happened Nov. 9, 2015, in Westfield. The victim, who is identified by her initials, is the same for all four counts.