Recently in Sex Crimes Category

June 14, 2013

Boston Man Charged with Provincetown Rape


A Boston man was charged this past week with various Massachusetts Sex Crimes Charges involving the alleged sexual assault of a woman in Provincetown on Cape Cod.

The defendant was charged in Orleans District Court with Rape, Indecent Assault & Battery and Distribution of Drugs.

Rape in Massachusetts is defined as the natural or unnatural sexual intercourse with another person by force and against that person's will, and is punishable by up to 20 years in state prison.

A rape conviction carries other several collateral penalties as well, including Sex Offender Registration and the possibility of lifetime community parole and/or commitment as a sexually dangerous person.

The success of a defendant's defense when charged with any crimes of alleged sexual assault can depend on a number of factors, including whether there were any witnesses; the credibility of the complainant; the results of a SANE exam or an evidence collection kit; and the existence of any forensic evidence, such as DNA.

Not all rape charges result from "forced" sexual conduct. In many cases, there may be a defense of consent or even a defense of mistaken identification.

Unlike other 'average' crimes, rape cases often involve intricate legal and scientific issues, including an understanding of forensic evidence and other issues, such as first complaint testimony; prior sexual acts of the complainant; and cases involving late disclosure or child victims.

For those reasons, a person charged with any sex crimes should take great care with choosing the right criminal defense attorney and consider someone who has experience in defending sex crimes.

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May 16, 2013

Massachusetts Pastor Charged with Rape of a Child


A Lynn priest was arraigned in Lynn District Court on various Massachusetts Sexual Assault Charges for allegedly sexually molesting over several years.

The defendant, Daniel Lopez, was a priest at the Vida Real Internacional Congregation in Lynn. The Essex County District Attorney's Office alleges that between 2004 and 2008, he sexually assaulted several children who were younger than 9 years old. During that time, he is also alleged to have raped one of those children.

The defendant was arraigned in Lynn District Court and charged with several counts of Indecent Assault & Battery on a Child Under 14 and Rape of a Child by Force.

The Massachusetts Sex Crime of Rape of a Child is the sexual intercourse with a child under 16 where the child is compelled to engage in such acts by force. A conviction for this sex offense would subject a defendant convicted of this crime to Sex Offender Registration; require that he submit his DNA to the state's DNA database; possible community parole supervision for life; and could also serve as a predicate offense for civil commitment as a "sexually dangerous person".

A conviction to Rape of a Child by Force carries a potential prison sentence of any term of years up to life.

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April 17, 2013

Framingham Man Charged in Rape of 15 Year Old Girl


A 19 year old Framingham man was arrested on various Massachusetts Sex Crimes Charges for allegedly raping a 15 year old girl after she got off the school bus.

The defendant was charged with Aggravated Rape of a Child, Indecent Assault & Battery and Kidnapping.

According to the Middlesex County District Attorney's Office, the defendant allegedly accosted the girl after she got off the school bus and forcibly led her into the woods at knifepoint where he raped her. Prosecutors do not believe that the girl knew the defendant and that the incident appeared to be a random attack.

The Massachusetts sex crime of Rape of a Child is the act of compelling a child under 16 by force or against his/her will to engage in sexual intercourse, and is punishable by commitment to state prison for any term of years up to life.

In addition to a lengthy prison sentence, a conviction of Rape of a Child, as with other sex offenses, would require the defendant to register as a sex offender and submit his DNA to the state's DNA database.

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March 25, 2013

Braintree Karate Instructor Charged With Sexual Assault Against Student


A Braintree karate instructor was arrested by the Braintree Police Department this past weekend on Massachusetts Sex Crimes Charges involving one of his students.

The instructor was arraigned in Quincy District Court on charges including Indecent Assault & Battery on a Child Under 14.

According to the Braintree Police Department and the Norfolk County District Attorney's Office, the karate instructor was giving a 10 year old girl a private lesson when it is alleged that he pulled down her pants. The incident is alleged to have occurred in December.

The karate instructor was arrested by the Braintree Police Department after he reportedly went to the police station voluntarily this past Saturday to speak with detectives.

Defending allegations of this sort is obviously very sensitive, particularly where a young child is involved and where there is likely no other evidence other than the word of the complainant. Although it is our human nature to immediately believe a child victim who reports allegations of this type, numerous studies have suggested that, in many cases, children who report sex crimes either fabricate, exacerbate or misinterpret the purported criminal conduct.

The Massachusetts Sex Crime of Indecent Assault and Battery on a Child Under 14 is a felony punishable by up to 2.5 years in the House of Corrections or up to 10 years in state prison. As with most sex crimes, a conviction for this offense would require the defendant to register as a sex offender and submit his DNA to the state's DNA database.

Given the sensitive nature and extreme consequences involving Massachusetts sex crimes allegations, anyone charged with such crimes should immediately consult with a criminal defense attorney who has particular experience in defending these types of cases.

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March 6, 2013

Lawrence Police Officer Charged with Sexual Assault of a Child


A city of Lawrence Police Officer was recently arrested on Sex Crimes Charges arising out of an incident in Florida.

Lawrence Police Officer Carlos Gonzalez was arrested last week by Andover Police while attending classes at the Massachusetts School of Law on sex crimes allegations that he committed a sexual assault on a child between the ages of 12 and 18; and serving alcohol to a person under 21.

Detectives from Florida traveled to Massachusetts to issue the arrest warrant on the Lawrence police officer. He was arraigned in Lawrence District Court on a fugitive from justice warrant.

A conviction for most sex crimes will have everlasting and life altering consequences. Even if a defendant can escape jail time from a sex offense conviction, he would not be able to escape the Sex Offender Registration requirements.

There are 3 levels of sex offender classification: Level 1, considered low risk to re-offend and for which there is no dissemination to the public; Level 2, considered to be a moderate risk to re-offend and for which there may be some dissemination to the public; and Level 3, considered to pose a high risk to re-offend and for which there is extensive dissemination to the public.

How long a person convicted of a sex offense would have to continue to register depends on a number of factors, but generally, those convicted of a single sex offense and most juveniles will typically be required to register for 20 years from the date of conviction or release from custody.

A sex offender may apply for termination of the registration requirements 10 years from teh date of conviction or release from custody, but must prove, by clear and convincing evidence, that he/she has not committed any new sex offenses and is not likely to pose a danger to the community.

Those persons who have 2 or more sex offense convictions, however, or those that are considered to be 'sexually violent predators', would likely be subject to lifetime registration.

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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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December 20, 2012

Boston Man Charged with Human Trafficking for Sexual Servitude


Boston Police arrested a Dorchester man earlier this week for Massachusetts Sex Crimes Charges.

The defendant, who was arraigned in the Dorchester Division of the Boston Municipal Court, was arraigned on sex crimes charges including Human Trafficking for Sexual Servitude and Deriving Support from a Prostitute.

According to the Boston Police Department and the Suffolk County District Attorney's Office, police stopped a car for routine civil motor vehicle infractions. A woman passenger in the car who appeared to police to be nervous, was questioned and told police that she had been subjected to prostitution by the defendant. According to the woman, she was forced to buy clothes and take photographs that were posted on various websites advertising escort services.

The defendant, who was held on $75,000 bail, was also reportedly a Level 3 Sex Offender who was previously convicted of Aggravated Rape Charges involving two women when he was 17.

The Massachusetts Sex Crime of Human Trafficking for Sexual Servitude is the act of knowingly subjecting, by any means, another person to engage in commercial sexual activity, sexually explicit performance, or for the production of unlawful pornography.

A conviction for the sex crime of Human Trafficking for Sexual Servitude is punishable by commitment to state prison for not less than 5 years and up to 20 years; and also subjects the defendant to Sex Offender Registration.

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December 12, 2012

Wakefield Man Charged with Over 100 Sexual Assault Charges Against 13 Children


A 49 year old Wakefield man was arrested earlier this month on 100 counts of Massachusetts Sex Crimes Charges for allegedly raping and sexually abusing 13 children ranging in age from 8 days to 3.5 years old.

The defendant, identified as John Burbine, was charged with several sex offenses including Aggravated Rape of a Child, Indecent Assault & Battery on a Child, Unlawful Possession of Child Pornography; and Dissemination of Obscene Material.

According to the Middlesex County District Attorney's Office, the defendant had access to the child victims through the Waterfall Education Center, a child care center that was reportedly run by his wife, Marian Burbine. Middlesex County prosecutors have alleged that the defendant helped his wife at the daycare used that position to sexually abuse the children at the daycare center, which was allegedly not licensed.

Following his arrest on these sex crimes charges, police allegedly seized evidence that the defendant videotaped himself raping and sexually abusing the victims. After his arraignment in Malden District Court, the defendant was held without bail under the Massachusetts Dangerousness statute.

The defendant's wife, Marian Burbine, was also charged in connection with this incident with Reckless Endangerment of a Child.

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December 5, 2012

Cape Cod Man Charged with Rape of a Child


A Cape Cod man was recently arrested and charged with several Massachusetts Sex Crimes Charges for allegedly sexually assault a 9 year old girl.

The defendant, a chiropractor from Hyannis, Massachusetts, was arraigned in Barnstable District Court this past Monday on sex crimes charges including Rape of a Child and Indecent Assault & Battery on a Child Under 14.

According to county prosecutors, the defendant, 58 years old, alleged assaulted the 9 year old at a home in Yarmouth in November. It is alleged that the man's girlfriend was watching the child but was in another room at the time.

Prosecutors alleged that the alleged sexual assault came to light when the child reportedly told her mother that the man touched her on her chest and beneath her underwear.

The Massachusetts Sex Crime of Rape of a Child is punishable with imprisonment for any term of year up to life. As with all sex crimes, a conviction for this offense would subject the defendant to Sex Offender Registration, and also require him to submit his DNA to the state's DNA database.

Although the public instinctively attributes 100% credibility to the victim in a child rape case, the statistics in these types of cases are alarming in that a percentage of cases are often 'unfounded'.

There are not many studies or statistics that precisely attribute a percentage of false allegations of rape, though the FBI over the years has set 8% - 15% as the average rate of false accusations. Another independent study that was conducted using data between 1978 and 1987 found that 41% of all forcible rape complaints were false; and another study conducted in the midwest over a 3 year period found that approximately 50% of rape complaints were false.

Unfortunately, despite the statistics and even if sex crimes cases get dropped, the effect on the person's life is everlasting. The person will inevitably suffer a damaged reputation between family, friends, and business relations. Even if a person was truly falsely accused and the prosecutor acknowledged as such and dropped the case, the defendant's reputation may have been harmed beyond repair. This is so because of the perception that the person's case was dropped because the victim was perhaps pressured; or the defendant had a good lawyer, etc.

Guilty or Not Guilty, the effects of being charged with a Massachusetts Sex Crime are devastating...

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November 28, 2012

Boston Police Arrest Boston Man in Beacon Hill Sexual Assault and Home Invasion


Boston Police arrested a Boston man suspected of sexual assaulting and robbing a woman in her Beacon Hill apartment earlier this month and charged him with several Massachusetts Crimes of Violence.

The defendant, Anthony Williams, was arraigned yesterday in the Boston Municipal Court on criminal charges including Rape.

According to the Boston Police Department and the Suffolk County District Attorney's Office, the defendant broke into a woman's Beacon Hill apartment in the early morning hours of November 10. The man allegedly robbed the woman and sexually assaulted her.

Although it is still unclear at this point what evidence investigators relied upon to link this defendant to this particular crime, the Boston Police have indicated that surveillance video from a nearby ATM machine was relied upon.

In these types of sexual assault, prosecutors will also make efforts to bolster their case by seeking the obtain the suspects DNA for comparative analysis to any forensic evidence that might have been left at the scene.

The Massachusetts Sex Crime of Rape carries a potential penalty of up to 20 years in state prison, including Sex Offender Registration and the possibility of Sexually Dangerous Person and/or Lifetime Community Parole commitment.

Where a rape is committed during the commission of another felony, the person may be charged with Aggravated Rape, which carries the potential for life imprisonment upon conviction.

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October 10, 2012

Topsfield Fair Vendor Charged with Rape of Woman at Fair


A sausage vendor at the Topsfield Fair was arrested this past week and charged with Rape in connection with an alleged sexual assault that occurred this past Monday night.

The New Hampshire man, Paul R. Carson, was charged with one count of Rape.

According to police, the alleged sexual assault occurred on the Topsfield fairgrounds in an area not accessible to the public at around 10:30 p.m. The woman reportedly gave a description of her attacker and police arrested the defendant.

In many cases such as this, identification is a critical, and sometimes, only area of defense. In every criminal case, the government has the burden of proving that the defendant is the perpetrator of the alleged crime. If this cannot be proven beyond a reasonable doubt, the person should be acquitted.

What might be important in a case such as this for the defense is knowing how many people had access to that specific area; how specific, or vague, was the description that was given to the police; how much of an opportunity did the victim have to see her attacker; and how much can her identification of him be challenged.

Other issues involved in Rape cases include whether the victim was treated to a rape exam. If so, the medical examination may or may not reveal evidence of forced sexual intercourse, in which case there might also be a defense of consent.

Rape in Massachusetts is punishable by imprisonment for up to 20 years for a first offense, and up to life for a subsequent offense.

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September 17, 2012

Massachusetts State Trooper Charged with Sexual Assault


A Massachusetts State Trooper was recently indicted by the Worcester County District Attorney's Office on Massachusetts Sex Crimes Charges.

The state trooper, who was most recently assigned to the Sturbridge barracks, allegedly assaulted an 18 year old girl four years ago. The Worcester grand jury indicted the Massachusetts trooper with three charges of Indecent Assault and Battery and two counts of Open and Gross Lewdness.

The Massachusetts Sex Crime of Indecent Assault & Battery involves an 'indecent act'. Massachusetts criminal law defines an indecent act as one that is fundamentally offense to contemporary standards of decency. Typical and most common forms of indecent assault and battery are the inappropriate touching of the private portions of ones anatomy.

The crime of Indecent Assault & Battery is punishable by imprisonment for up to 2.5 years in the House of Corrections or up to 5 years in state prison.

The sex crime of Open and Gross Lewdness and Lascivious Behavior is the intentional, indecent and offensive exposure of one's genitals to another person; and is punishable with imprisonment in the House of Corrections for up to 2 years or up to 3 years in state prison.

Although a 'sex offense', a conviction for a first offender for Open and Gross Lewdness will not trigger Sex Offender Registration. However, if a person is convicted for a second time for Open & Gross Lewdness, he/she will be subject to registration as a sex offender.

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September 16, 2012

Former Somerville Priest Charged with Sexual Abuse of a Child


A former priest of an Episcopal church in Somerville was arrested earlier this month on Massachusetts Sex Crimes Charges for allegedly sexually abusing a child over a period of 10 years.

The priest was charged with Assault with Intent to Rape and three counts of Indecent Assault and Battery on a Child.

According to the Middlesex County District Attorney's Office, the priest allegedly committed the sexual abuse over a 10 year period and reportedly only ceased when he left the church. The alleged sexual abuse began in the 1990's when the child was in elementary school. The victim recently came forward to the police, which then prompted these charges being filed.

The Massachusetts Sex Crime of Assault with Intent to Commit Rape is punishable with imprisonment of up to life imprisonment. As with many sex crimes charges, a conviction for this offense would subject the offender to Sex Offender Registration and the person must submit his/her DNA to the state's DNA database.

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August 19, 2012

Former Boston Teacher Arrested for 4th Sex Offense


In a sting operating organized by the Boston Police Human Trafficking Division, a former Boston school teacher was arrested this past week on Massachusetts Sex Crimes Charges for allegedly attempting to solicit sex from what he thought was a teenager. He was charged with Enticing a Child Under Under 16 and Sexual Conduct for a Fee.

According to the Suffolk County District Attorney's Office, the man allegedly solicited sex from what he thought was a 19 year old female. On the other end of the computer, though, undercover police officers were posing as a 15 year old girl. The man was arrested when he arrived at the Boston Park Plaza Hotel to meet the purported teenager. This was reportedly his 4th arrest involving a sex crime.

The Massachusetts Sex Crime of Enticement of a Child Under 16 is punishable by up to 5 years in state prison or up to 2.5 years in the House of Corrections. A conviction will also subject the offender to Sex Offender Registration.

In total, 5 persons were arrested last Thursday evening in connection with this sting operation by the Boston Police Department.

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August 3, 2012

Cape Cod, Massachusetts Sex Offender Charged with with Rape of a Child


A Cape Cod man has been charged with Massachusetts Sex Crimes for allegedly raping two children that were under the age of 16. He was arraigned in Barnstable District Court this week on charges including Rape of a Child with Force and Indecent Assault & Battery on a Child Under 14.

According to the District Attorney's Office, the man, who is reportedly a Level 2 Sex Offender, allegedly sexually assaulted the children over a period of time since this past June. The Yarmouth Police Department reportedly received the complaints of these allegations.

The Massachusetts Sex Crime of Rape of a Child Under 16 involves the sexual intercourse with a child under 16 by force against his/her will. The potential penalty for this sex crime in Massachusetts is imprisonment to state prison for any term of years up to life.

The Sex Crime of Indecent Assault & Battery on a Child Under 14 involves the unlawful 'indecent' touching against a child under 14. Massachusetts criminal law defines an 'indecent act' as one contrary to contemporary standards of decency, typically those acts involving the touching of another's 'private parts'.

A conviction for the crime of Indecent Assault & Battery on a Child Under 14 is punishable by imprisonment to the House of Correction for a term up to 2.5 years; or to state prison for up to 10 years.

A conviction for either Rape of a Child or Indecent Assault & Battery on a Child Under 14 would require that the defendant convicted of such crimes register with the Massachusetts Sex Offender Registry Board; and submit his/her DNA to the state's database. A conviction for this and other sex crimes could also lead to other collateral consequences, including subjecting the defendant to a term of community parole supervision for life and/or civil commitment as a "sexually dangerous person."

Prosecutors obviously prosecute Massachusetts Sex Crimes very aggressively, and a defendant can expect that the prosecutors and police will seek to obtain any and all forensic evidence they can find. Forensic evidence that they would seek would not only include blood and DNA evidence, but they may also seek to seize and obtain computer and cell phone records.

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