Sex Crimes

Massachusetts, New Hampshire & Maine Sex Crime Defense Lawyer

With an office in Tewksbury, I offer dedicated representation of individuals charged with sex offenses. I understand that mere accusations of sex crimes destroy a person’s ability to live, work, and obtain an education, even if the allegations are baseless. That is why I am committed to helping clients fight wrongful charges and to protecting their rights and their future.

If you have been charged with a sex crime, please call me as soon as possible for a free consultation.  Once I learn about your case, I can explain the options available, and how I will provide dedicated, affordable representation to protect your rights.

I am tenacious in providing a vigorous defense, and will fight the prosecution’s effort to convict. I question witnesses, oppose evidence that should not be admissible, and work to have charges dismissed when there is not a sufficiently legal basis proceeding with a case.

The following sections provide an overview of Massachusetts sex crimes offenses.

Massachusetts Sex Offenses

Massachusetts recognizes various sexual offenses that carry substantial penalties. Sex crimes generally refer to a class of legally prohibited sexual conduct.

Once divided into “forcible” and “non-forcible” sex offenses, the law has evolved to recognize that perpetrators and victims can be of either sex, any age, or in the same family. Examples of sex crimes include:

  • Incest
  • Rape (adult)
  • Statutory rape
  • Sexual assault
  • Assault to rape
  • Kidnapping child
  • Enticing child under 16
  • Child in nude, sexual act
  • Obscene matter to minor
  • Open and gross lewdness
  • Prostitution, unlawful sex
  • Indecent assault and battery
  • Sexual intercourse for drugs

Massachusetts courts have found that in rape cases where consent is an issue, the prosecution must prove that the alleged victim was “incapable” of consent due to age, drugs, intoxication, disability, or mental capacity. But consent to sex achieved by fraud or deceit is not rape.

Massachusetts Sex Crime Laws and Regulations

State law requires that individuals convicted of certain crimes register as sex offenders. Massachusetts has incorporated federal laws that prohibit admission of dangerous sex offenders to public housing and “Jessica’s Law,” which requires mandatory imprisonment for certain sexual assault crimes against children. Crimes that require registration as a sex offender include:

  • Rape, aggravated rape
  • Rape of child with force
  • Kidnapping for extortion
  • Abduction for prostitution
  • Armed kidnapping of child
  • Kidnapping of child under 16
  • Inducing minor to prostitution
  • Lewd, wanton, lascivious conduct
  • Armed kidnapping with serious injury
  • Derive support from child prostitution
  • Armed kidnapping with sexual assault
  • Indecent assault, battery on child under 14
  • Indecent assault battery on retarded person
  • Possession, distribution of child pornography

In addition to sex offender registration, some offenses also trigger additional punishment for “sexually dangerous” persons. Massachusetts treats attempts to commit any of the above crimes, as well as out-of-state attempt offenses, the same as the substantive crime and imposes the same punishment.

Massachusetts Case Law Regarding Sex Crimes

The Massachusetts Supreme Court permits the posting of high-level sex offender information on the internet, and gives judges discretion at times to decide whether a defendant can be held indefinitely as a sexually dangerous offender. But the law does not mandate GPS tracking of sex offenders on probation or require that defendants waive confidentiality as a condition to treatment.

The Sex Offender Registry Board likewise lacks the power to adopt regulations giving itself authorization to increase sex crime classification levels without a new conviction. These are some of the barriers erected to protect the constitutional rights of alleged offenders.

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