January 2013 Archives

January 7, 2013

Malden Teenager Charged with Rape of Child

A Malden teenager has been arrested and charged with Massachusetts Sex Crimes Charges for allegedly sexually assault a young child.

The teenager, Robert Guevara, 18, was arrested by the Malden Police Department last week on two counts of Aggravated Rape.

According to the Malden Police Department and the Middlesex County District Attorney's Office, the defendant allegedly sexually assaulted the child on various dates between February 2011 and December 2012. Malden Police allege that the teen had access to the child when his mother was entrusted with babysitting the child.

Following his arraignment in Malden District Court, the defendant was ordered held on $100,000 bail with strict conditions should that be posted.

The Massachusetts Sex Crime of Aggravated Rape is defined as rape with the additional element that the acts resulted in serious bodily injury or were committed during the commission or attempted commission of another crime.

The potential penalty upon conviction for Aggravated Rape is imprisonment to state prison for any term of years up to life. A conviction for this sex crime would also require the person to Sex Offender Registration; submit his DNA to the Massachusetts DNA Database; and could subject him to a term of community parole supervision for life.

In many cases involving allegations of rape of child, there are several issues that should be explored in the defendant's defense, including the medical records and examinations of any (or lack thereof) physical abuse/damage, as well as the veracity of the purported victim's allegations.

Some studies that have been conducted, for example, suggest that purported child victims of rape are, for whatever reason, inclined to fabricate or at least embellish the accounts. Children are also more susceptible to influence, and so the police interview process (which is usually video recorded for this reason) should be scrutinized very carefully for any such undue influence.

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January 2, 2013

Two Boston Men Arrested for Shoplifting in Braintree

Two men from Dorchester - Boston were arrested for Massachusetts Theft Crimes Charges last week for allegedly stealing from two stores at the South Shore Plaza in Braintree, Massachusetts.

Johnny Hippolite, 30, and Gerald Blain, 35, were with arrested and charged with Shoplifting and Receiving Stolen Property Over $250.

According to the Braintree Police, one was allegedly observed stealing two bottles of cologne while the other man served as a lookout. Police also allegedly recovered over $400 of stolen merchandise from Macy's.

The Massachusetts Theft Crime of Shoplifting is the intentional taking of merchandise offered for sale by a merchant with the intention of depriving the merchant of its possession without paying for its value. A first offense Shoplifting charge only carries a penalty of $100 and a fine of $500 for a second offense. A third conviction for shoplifting carries the potential for imprisonment for up to 2 years in the House of Corrections.

By contract, the Massachusetts Theft Crime of Receiving Stolen Property is the receiving or aiding in the concealment of stolen property knowing it to have been stolen. The crime of Receiving Stolen Property carries a potential penalty of up to 2.5 years in the House of Corrections for a first offense; and up to 5 years in state prison for a second or subsequent offense (or of the value of the items stolen exceeds $250).

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