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Massachusetts Sex Crimes Defense Attorney

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Accused of a Sex Crime?

You Need a Top Massachusetts Sex Crimes Defense Lawyer

The unimaginable has happened: you have been accused of a sex crime and don’t know where to turn. You may be feeling shame, embarrassment, anger, and helplessness. The consequences of merely being accused of sexual misconduct are devastating. A conviction of a sex crime is something that will stay with you the rest of your life. It could impact your job, reputation, and family. Your future rests on competent and experienced legal representation. 

At Nate Amendola Defense, our Massachusetts sex crimes defense lawyers are zealous, experienced, and results-focused advocates for clients. Taking a holistic approach to criminal defense, our team is ready to be your first and last call. If you or your loved one were arrested and charged with a sex offense, we are here to help. To set up a completely confidential initial consultation with a top Massachusetts criminal defense attorney, please contact us today

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Sex Crimes

Massachusetts Takes Sex Crimes Allegations Very Seriously 

Massachusetts has developed a robust set of laws dealing with sexual misconduct and conviction carries steep penalties, often involving state prison sentences, registration with the SORB (Sex Offender Registry Board), classification as a sexually dangerous person, and a requirement to submit a DNA sample. There is no such thing as an insignificant sex crimes allegation. No matter the specific circumstance, it is a serious matter that could damage your reputation, take away your freedom, and adversely affect you for the rest of your life. A proactive, focused defense is a must. 

handcuffs in massachusetts

Indecent assault and battery crimes differ from rape crimes in that rape involves some act of penetration while indecent assault and battery crimes involve some type of unpermitted touching that was “indecent.” An indecent act is an act that is fundamentally offensive, such as touching a person’s anatomy (genitals, buttocks, or breasts).  The indecent act may be committed over or under the clothes. 

Massachusetts has many types of indecent assault and battery crimes.

Always a Felony Charge in Massachusetts

Rape is a Serious Sex Crime Offense 

Rape and Indecent Assault and Battery are two of the most commonly charged sexual offense cases in Massachusetts. Rape charges require the Commonwealth to prove beyond a reasonable doubt that a defendant engaged in natural or unnatural sexual intercourse by submitting the victim to force or threat of bodily injury against his or her will. There are many types of rape crimes in Massachusetts, and all are felonies. A conviction for any type of rape or indecent assault and battery charge in Massachusetts can carry severe criminal penalties, including a lengthy prison sentence. Some of the most common examples include: 

  • Simple or non-aggravated rape (G.L. c. 265, § 22b)
  • Aggravated rape (G.L. c. 265, § 22a)
  • Rape of a child under 16 (G.L. c. 265, §22A)
  • Aggravated rape of a child under 16 (G.L. c. 265, § 22B)
  • Statutory rape (G.L. c. 265, § 23)
  • Aggravated statutory rape (G.L. c. 265, § 23A)
  • Assault with intent to rape (G.L. c. 265, § 24)
  • Drugging a person for intercourse (G.L. c. 273, § 3)

Sex Crimes

An Overview of Indecent Assault and Batteries Charges in Massachusetts

Indecent assault and battery crimes differ from rape crimes in that rape involves some act of penetration while indecent assault and battery crimes involve some type of unpermitted touching that was “indecent.” An indecent act is an act that is fundamentally offensive, such as touching a person’s anatomy (genitals, buttocks, or breasts).  The indecent act may be committed over or under the clothes. Massachusetts has many types of indecent assault and battery crimes, including: 

  • Indecent A&B aged 14 and over (G.L. c. 265, § 13H)
  • Indecent A&B under age 14 (G.L. c. 265, § 13B)
  • Aggravated indecent A&B under age 14 (G.L. c. 265, § 13B ½)
  • Indecent A&B on a person with an intellectual disability (G.L. c. 265, §13F)

Understanding Sexual Exposure and Surveillance Crimes

In addition to rape and indecent assault and battery crimes, Massachusetts regularly prosecutes crimes involving sexual exposure and surveillance. Some of the most notable examples of sexual exposure and sexual surveillance offenses include: 

  • Lewd and lascivious conduct (G.L. c. 272, § 53). (This crime is meant to punish sex or the solicitation of sex which is performed in a public place) 
  • Indecent exposure (G.L. c. 272, § 53). 
  • Open and Gross Lewdness (G.L. c. 272, § 16)
  • Secret sexual surveillance (G.L. c. 272, § 106). (This is commonly known as upskirting)
  • Posing a child for sexual photographs (G.L. c. 272, § 29A)
  • Disseminating child pornography (G.L. c. 272, § 29B)
  • Possession of Child Pornography (G.L. c. 272, § 29C)

Three Commonly Used Legal Defenses For Sex Crimes

The key to winning a case involving sexual misconduct (particularly rape and indecent assault battery charges) is developing a theory of the case and then applying one of the three commonly used defenses.

  • The first defense is the “It Didn’t Happen Defense.” This is used when the theory of the case is that the victim is lying—in other words, there were no sexual acts between the defendant and the victim. 
  • The second defense is the “It Happened, But It Wasn’t Me Defense.” This is used when some sexual act occurred between the victim and someone, but that someone wasn’t the defendant. 
  • The third defense is the “It Happened, But So What Defense.” This defense is employed when there were sexual acts between the victim and the defendant, but those acts weren’t criminal.  In other words, the defense here is that the victim agreed to the sexual acts. 

Four Mistakes to Avoid If You are Facing a Sex Offense Allegation

Being accused of and/or charged with a sex-based criminal offense is deeply stressful. Too many people facing allegations make mistakes that undermine their own rights. Here are four all-too-common mistakes to avoid if you are facing sex crimes allegations in Massachusetts: 

  1. An Angry Confrontation of the Accuser: It is natural to feel angry or defensive when accused of a sex offense—especially if you know the allegations are false. However, confronting the accuser in an aggressive or hostile manner is a huge mistake. If a formal accusation is made, you need to defend yourself through the proper legal channels. 
  2. Failing to Preserve Relevant Evidence: You may have evidence to help prove your innocence. Try to preserve any relevant evidence. For example, if you send text messages that suggest you did not commit the offense, save that information. 
  3. Talking Directly to the Police (Without a Lawyer): Police officers are not on your side once a criminal sex crimes allegation has been made. Anything you say can be used against you in court. Always work through a Massachusetts sex crimes defense attorney. 
  4. Waiting Too Long to Get Professional Representation: Time is of the essence in a sex offense case. Waiting too long to get professional representation can result in missed opportunities to build a strong defense. Speak to a Massachusetts sex crimes defense lawyer as soon as possible. 

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Frequently Asked Questions

FAQs: Sex Crimes Charges in Massachusetts

Should I Give a Statement to the Police If I Am Accused of or Arrested for a Sex Crime?

The Fifth Amendment protects your right to remain silent. Any statement you say to the police could potentially be used against you in court. Don’t talk you way into a crime. Protect yourself and your future: Consult with a Massachusetts sex crimes defense lawyer before giving a statement to law enforcement. 

Will I Be Required to Register as a Sex Offender If Convicted in Massachusetts?

If convicted of a sex crime in Massachusetts, you may be required to register as a sex offender. The requirements and duration of registration depend on the nature of the offense and your criminal history. Notably, all felony sex crimes convictions require sex offender registration in Massachusetts. 

Does a Plea Bargain Make Sense When Facing a Sex Crimes Charge?

A plea bargain is a reasonable approach to a criminal charge in certain circumstances. However, you should never accept a plea deal without an attorney. You need to ensure that any agreement with prosecutors effectively protects your rights and your interests. 

How Our Massachusetts Sex Crimes Attorney Can Protect Your Rights and Future  

Facing a sex crime accusation is extremely stressful. These allegations carry enormous stigma and the possibility of life-changing criminal penalties. You do not have to navigate the criminal justice system alone. Our founder and lead attorney  Nate Amendola is a top Massachusetts criminal defense attorney with extensive experience handling complex sex crimes charges. We know that bad things sometimes happen to good people and they find themselves with a serious legal problem that could have severe consequences. For that reason, we are committed to taking a personalized, holistic, and proactive approach to every case. Among other things, our Massachusetts sex crimes defense attorney is prepared to: 

  • Hear your story, answer questions, and explain your rights and options;
  • Investigate the allegations, securing any exonerating evidence; 
  • Represent you before police and prosecutors; and
  • Develop a defense strategy narrowly tailored to get you the best outcome.  

Schedule a Confidential Consultation With a Massachusetts Sex Crimes Defense Lawyer 

If you are facing a criminal charge in Massachusetts, you want a lawyer who will work hard for you and treat you with the respect you deserve. Contact our Massachusetts criminal defense lawyer today for your free case review. You can contact us online or call our office directly at 781-740-0800 to schedule your free consultation with one of our experienced defense lawyers. With a law office in Norwell, we handle sex crimes charges throughout the Commonwealth of Massachusetts.


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It's not too late