Federal law and Massachusetts law enforcement take sex crimes very seriously, and the penalties can be severe. Besides the lengthy state prison sentences typical for these offenses, a conviction can leave you stigmatized with the substantial limitations faced by convicted sex offenders.
Unlike simpler assault and battery accusations or other misdemeanors, defendants facing sexual abuse charges in Massachusetts aren’t entitled to a clerk’s hearing. Once accused, the claim alone can lead to your arrest, and charges cannot be ‘dropped’ even by a family member. The District Attorney will review the case, and prosecution will proceed.
For these reasons, it’s crucial to seek representation from a skilled Massachusetts sex crime attorney with a proven track record of successful outcomes in cases involving sexual contact, indecent exposure, solicitation, sexual exploitation, and statutory rape. Their expertise can significantly impact the resolution of your case.
Here’s an overview of the main provisions of the state sexual assault laws:
Indecent assault and battery essentially refer to touching someone in a manner offensive to contemporary moral values, like touching the buttocks, breasts, or genitals.
A child below 14 years of age can’t consent to indecent sexual conduct. Touching the breast, genitals, or buttocks of a child below fourteen years has the following penalties:
Touching a person with an intellectual disability attracts the following penalties:
Sexual contact on someone with a long-term or permanent mental impairment or physical disability has these possible penalties:
Aggravated Indecent Assault and Battery On a Minor Below Fourteen Years
This applies if you’re a mandated reporter or touched the minor during a felony offense. The penalties are:
Mandatory sex registration is sometimes required in the state’s sex offender registry board. Intentional non-compliance to the Sexual Offender Registration by failing to register or using false details has severe consequences like going back behind bars.
Charges for child molestation vary with the crime’s severity.
Indecent Assault and Battery of a Child
This includes any sexual misconduct on a child below fourteen. The possible penalties are:
Statutory Rape
Sexual intercourse with a minor below 16 attracts rape charges. Furthermore, threatening or forcing them attracts additional charges. The maximum penalty is a life sentence.
This is any material depicting children in sexually obvious ways, including videos, film, or pictures. Charges include:
possession of Child Pornography
This charge has these possible penalties:
Distribution or Production of Child Pornography
This includes using any method to share child pornography. The crime may earn you up to 15 years’ prison time or $5,000 in fines.
Your specific sex crime charges will determine your case’s most applicable defenses. That said, the three common defenses that attorney’s use to defend sex crimes and assaults include:
There Was No Sexual Act
One defense strategy is to demonstrate that the alleged incident did not occur between you and the accuser. Your attorney might argue that the accuser mistakenly believed a non-consensual sexual act was committed by you and subsequently made a false accusation. In Massachusetts, the Commonwealth must prove beyond a reasonable doubt that you committed the crime before a guilty verdict can be rendered.
The Crime Occurred, But You’re Not the Perpetrator
This defense acknowledges that the sex crime occurred, but you weren’t responsible for the act. Often, sex crime victims are pushed to identify perpetrators or witnesses in a lineup, which can be inaccurate.
The Act Occurred, But It Wasn’t Criminal
This defense focuses on proving consent, an element that distinguishes most sexual assault charges from the rest.
While these possible defenses can significantly influence your case, partnering with a reputable Boston sex crime attorney can help you develop a robust defense strategy. Your attorney will be dedicated to fighting for a favorable outcome in your case.
Sexual offenses are complex, and a simple mistake or miscommunication could leave you facing years behind bars. Even if you’re certain that you’re not responsible for the act, partnering with a sex crimes lawyer could be the deciding factor for your case outcome and future.
Here’s how an attorney will impact your case:
Sex crimes are uniquely complex and require in-depth knowledge of Massachusetts state laws. Given the severe nature of potential penalties, it is crucial to have a strong defense. Working with a reputable Massachusetts sex crime lawyer can significantly enhance your chances of achieving the best possible case outcome.
Sexual offense cases span various jurisdictions, from juvenile sex offenses to more serious federal sex crimes. Cases involving minor photo crimes require specialized defense strategies, while interstate crimes add additional layers of complexity. Understanding the nuances between assault charges and other sex-related offenses is crucial, as each category demands distinct legal approaches and defense tactics within Massachusetts’ legal framework.
Careful analysis of evidence in sex crimes cases, especially digital evidence including electronic communications and forensic data, often determines case outcomes and requires specialized expertise in both collection and interpretation.
Of course, you have vast options to choose from in Attleboro, Quincy, New Bedford, Fall River, Dedham, or Brockton, all promising to grant justice and achieve favorable lawsuit outcomes. However, only a few can offer the unmatched track record you’d find at Riccio Law. What’s more, we’ll evaluate your case for free.
Speak with us via (617)404-8878 to discuss your case.