Massachusetts Sex Crimes Defense Attorney

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. 

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.

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)

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)

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)

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. 

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.