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 devasting. 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. 
 
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. 
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 double 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. 

Examples of Commonly Charged Rape CrimesSex Crimes Attorney in Massachusetts

  • 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.

Examples of Commonly Charged Indecent Assault and Batteries

  • 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.

Examples of Commonly Charged Sexual Exposure and Surveillance Crimes

  • 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.
 
  1. 1. 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. 
  2. 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. 
  3. 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. 

Massachusetts Sex Crimes Attorney Here For You 

Massachusetts criminal defense attorney Nate Amendola knows that sometimes bad things happen to good people and they find themselves with a serious legal problem that could have extensive, life-altering consequences. That is why he is committed to a holistic approach to every case, which ensures he sees you as a person and not just a client.

If you are facing a criminal charge in eastern Massachusetts, you want a lawyer who will work hard for you and treat you with the respect you deserve. Contact our criminal defense lawyers today for your free case review.

Nate Amendola
Massachusetts criminal defense attorney, helping resolve OUI, domestic violence, drug and criminal charges