Articles Posted in Sex Crimes

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Indecent assault and battery is a touching of another person in an area which
is deemed fundamentally offensive when viewed by contemporary standards, and it must be without consent or justification. This generally
includes areas of the buttocks, breasts and crotch and by definition any
fundamentally offensive touching when viewed through contemporary standards.

Indecent assault and battery on a person under 14 is the same charge
without the issue of consent being a factor. Indecent assault and battery on a child under 14 is taken very seriously since a child is involved and a person can face up to 2 1/2 years in the house of corrections or up to five years in the department of corrections.

Conviction for indecent assault and battery requires a person to register as a
sex offender with the sex offender registry board.  Which carries potential registration on an online datatbase which for certain level sex offenders is available to be viewed by the public.

A sexual assault charge can reach the court in different ways.  A person can be arrested and brought to court for arraignment, which is the formal reading of the charge in open court and where bail is decided by the judge along with any conditions of release to assure the safety of the alleged victim and make sure the accused returns to court.  GPS bracelets are often ordered to restrict where a person can go.  If the charge involved a minor certain GPS safety zones are created such as schools or playgrounds to ensure the person stays away from all minors.

Another way a sexual assault charge may be brought is through a clerk magistrate hearing.  A person may receive notice in the mail to appear for a clerk magistrate hearing related to an accusation of sexual assault.  You should bring an experienced sexual assault attorney with you to the clerk magistrate hearing.  A clerk at these hearings either hears from a person who is accusing you of indecent assault and battery or may hear from a detective who reads from a police report which  summarizes the accusations.  You have an opportunity to tell your side.  Be very careful you will be placed under oath and anything you say can be used against you in future proceedings.   It is important to have a criminal attorney speak on your behalf.  The standard of proof to charge someone is probable cause, it is not a trial.  The clerk has to just hear an accusation which can form probable cause to charge you with a crime.  One person’s accusation whether false or not can form the basis of a sexual assault charge and be enough to have a case issued against you.

Some of the other more common sexual assault crimes that can be charged in Massachusetts are rape, aggravated rape, Open and gross lewdness, possession of child pornography, distribution of child pornography, distribution of offensive material to a minor and indecent exposure.

If you are charged in Boston or anywhere in Massachusetts with indecent assault
and battery it is important to call a Boston criminal attorney with experience
in representing people on sexual assault charges. Attorney Frank Fernandez can
advise you as to what you can expect when you go to court or after being arrested or summonsed to a clerk magistrate hearing for sexual assault offense. It is important to have a criminal attorney with you to fight for your rights and to
make sure that you are treated fairly.  You need someone with experience when the court is attempting to impose bail and restrictive conditions of release.

For free consultation related to sexual assault and indecent assault charges
feel free to call an experienced Boston criminal lawyer at 617-393-0250.

 

 

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The charge of accosting a person of the opposite sex requires an act or statement to be made which is disorderly and offensive to a reasonable person and the appellate courts have interpreted this charge to require the offense to be of a sexual nature.

As a criminal defense lawyer based in Boston serving all of Massachusetts Attorney Frank Fernandez represents clients charged with accosting a person of the opposite sex. For a free consultation please feel free to call 617-393-0250.

The Massachusetts Model Jury Instruction for this charge is below:

Revised May 2014 ANNOYING AND ACCOSTING PERSONS OF THE OPPOSITE SEX ANNOYING AND ACCOSTING PERSONS OF THE OPPOSITE SEX G.L. c. 272, § 53 The defendant is charged with accosting and annoying a person of the opposite sex.
In order to prove the defendant guilty of this offense, the Commonwealth must prove five things beyond a reasonable doubt:
First: That the defendant knowingly engaged in an offensive and disorderly act (or acts), or offensive and disorderly language;
Second: That the defendant intended to direct that conduct to [alleged victim] ;
Third: That [alleged victim] was aware of the defendant’s offensive and disorderly conduct;
Fourth: That this conduct was offensive to a reasonable person; and Fifth: That [alleged victim] was a person of the opposite sex.
To prove the first element of the offense, the Commonwealth must prove beyond a reasonable doubt either that the defendant committed a disorderly act (or acts) or that (he) (she) used disorderly language.
To be disorderly, the defendant’s act (or acts) or language must involve one of the following four things without a legitimate reason:Instruction 6.600 Page 2 ANNOYING AND ACCOSTING PERSONS OF THE OPPOSITE SEX Revised May 2014 • it must involve fighting or violent or tumultuous behavior; or • it must create a hazardous condition; or • it must create a physically offensive condition that amounts to an invasion of personal privacy; or • it must be threatening.
A threat may take many forms. It may be an explicit threat, a comment, or an act that would make a reasonable person fearful, not just uncomfortable. The Commonwealth is not required to prove that the defendant intended any threat to be immediately followed by actual violence or the use of physical force. You may consider all of the evidence and any reasonable inferences you choose to draw from the evidence to determine whether any act or language was reasonably viewed as truly threatening.
SUPPLEMENTAL INSTRUCTION If sexually explicit language is involved. Sexually explicit language may be inherently threatening when it is directed at particular individuals in settings in which such communications are inappropriate and likely to cause severe distress.Page 3 Instruction 6.600 Revised May 2014 ANNOYING AND ACCOSTING PERSONS OF THE OPPOSITE SEX “The term ‘true threat’ has been adopted to help distinguish between words that literally threaten but have an expressive purpose such as political hyperbole, and words that are intended to place the target of the threat in fear, whether the threat is veiled or explicit.” Commonwealth v. Chou, 433 Mass. 229, 236 (2001). See Commonwealth v. Ramirez, 69 Mass. App. Ct. 9, 21-22 (2007)
(defendant staring at complainant at swimming pool and singing her a song about “falling in love with a little girl” insufficient to infer that he intended her to fear that harm would befall her).
To prove the second element, the Commonwealth must prove that the conduct was directed at and received by the [alleged victim] .
To prove the third element, the Commonwealth must prove that [alleged victim] knew of the defendant’s offensive and disorderly conduct.
To prove the fourth element of the offense, the Commonwealth must prove beyond a reasonable doubt that the disorderly act(s) or language (was) (were) sexual in nature and would be offensive to a reasonable person in the complainant’s position. An act or language is offensive when it is repugnant or offensive to contemporary standards of decency and causes real displeasure, anger, or resentment. An act or language is offensive when it is contrary to the prevailing sense of what is decent or moral.
Commonwealth v. Cahill, 446 Mass. 778, 781, 783 (2006) (Commonwealth must prove that defendant’s behavior was offensive and disorderly to a reasonable person).
NOTES:
1. Offensive and disorderly are distinct elements. The Commonwealth must prove both that the conduct was offensive and disorderly. Commonwealth v. Lombard, 321 Mass. 294 (1947).
2. A single act sufficient. The statute originally penalized “persons who with offensive and disorderly act or language accost or annoy persons of the opposite sex.” In 1983, the word “act” was changed to “acts.”Instruction 6.600 Page 4 ANNOYING AND ACCOSTING PERSONS OF THE OPPOSITE SEX Revised May 2014 St. 1983, c. 66, § 1. Nevertheless, “the change had no impact on the statute’s meaning,” Commonwealth v. Moran,
80 Mass. App. Ct. 8, 13 (2011), and proof of a single disorderly and offensive act is sufficient.
3. Invasion of privacy need not be extreme. The word “extreme” was deleted from this instruction after the decision in Commonwealth v. Cahill, 446 Mass. 778, 782 (2006) (statute not limited to extreme invasions of personal privacy), rev’g Commonwealth v. Cahill, 64 Mass. App. Ct. 911 (2005).
4. “Physically offensive condition.” If the act was physically offensive, it need not also be threatening,
Cahill, 446 Mass. at 783, and vice versa, Commonwealth v. Chou, 433 Mass. 229, 234 (2001) (distribution of sexually derogatory flyers concerning victim was not physically offensive but was threatening).
“Offensive acts are those that cause ‘displeasure, anger or resentment; esp., repugnant to the prevailing sense of what is decent or moral.'” Cahill, 446 Mass. at 781, quoting Black’s Law Dictionary 1113 (8th ed. 2004). Conduct is physical when it is “‘of or relating to the body.'” Ramirez, 69 Mass. App. Ct. at 17, quoting Merriam-W ebster’s Collegiate Dictionary 935 (11th ed. 2005). Physical contact with a victim’s person is not necessary to render one’s actions physically offensive, however. Cahill, 446 Mass. at 782, citing Commonwealth v. LePore, 40 Mass. App. Ct.
543, 549 (1996) (physically offensive conduct where defendant removed screen from bedroom window of ground floor apartment wherein woman lay sleeping and stood there smoking cigarettes). Cf. Ramirez, 69 Mass. App. Ct. at 16 (no physically offensive conduct where defendant merely stared at complainant at swimming pool and sang her a song about “falling in love with a little girl”).
5. Public or private. The offense may be committed in public or in private. Cahill, 446 Mass. at 782 n.6; Chou, 433 Mass. at 233.
6. “Offensive” conduct must have sexual context. “Offensive conduct under the statute is that which causes ‘displeasure, anger or resentment’ and is ‘repugnant to the prevailing sense of what is decent or moral.’
Commonwealth v. Cahill, 446 Mass. 778, 781 (2006), quoting from Black’s Law Dictionary 1113 (8th ed. 2004). In determining whether conduct is not ‘decent or moral’ within the meaning of the statute, our appellate cases suggest an intent to reach sexually explicit language or acts.” Commonwealth v. Sullivan, 84 Mass. App. Ct. 26, 30 (2013).

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The police received a tip that a woman was soliciting men for sex for a fee at the Tewksbury library. An undercover detective responded and quickly was engaged by a woman exchanging notes offering sexual favors for $60. She was arrested for prostitution and it is learned she had outstanding charges for drug possession.

The city of Boston through Mayor Walsh has recently announced a new tactic for combating sex trafficking by targeting the John’s when it comes to prostitution.
Usually it is the prostitute who is arrested and charged with a crime when it comes to prostitution. This new tactic will offer more support and services to prostitutes to help them get off the streets.

By targeting the demand, the John’s, it is expected that shaming these people through public criminal charges that the demand may dry up.

Frank Fernandez is a criminal defense attorney who handled charges of sex for fee in Boston and throughout Massachusetts for both prostitution and for those charged with soliciting prostitution. Feel free to call for a free consultation 617-393-0250.

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Ross Currier, 26, an accountant was seen in the North end of Boston playing basketball by a woman who had been recently sexually assaulted. She told police that she was 90 to 95% sure that he was the man who assaulted her. Currier was arrested and charged with sexual assault, he was released on bail and forced to wear a GPS bracelet on his leg this past month.

It was only after his alibi checked out through independent witnesses that the prosecutor agreed that they had arrested the wrong man. The case was dismissed in Boston Municipal Court and Currier made a statement to the press requesting someone take responsibility for what happened and apologize.

This incident is a strong reminder of how eye witnesses and victims can misidentify a suspect very easily. What happens in a traumatic moment can be remembered far differently than what actually occurred. Our brains process and remember sensory input differently and memory accuracy is affected by stress and anxiety.

The police are acting on what they believe is accurate information from a victim who appears to be sincere in her identification. But what happens when a victim does not remember or misidentifies a suspect? It leaves the suspect with the burden of proving his innocence.

Misidentification happens all the time and it was not until DNA testing that many misidentified prisoners were released after it was discovered that they truly were not the ones who perpetrated the crime in question.

It is important to understand the human brain is not perfect and can only take in and recall sensory data in a limited manner which varies for each of us. High stress or a frightening event make it even harder to accurately take in or recall sensory information. Once time passes events can be manipulated in the mind without even knowing. A victim may truly believe in a sequence of events or an identification when asked to recall not knowing they have in fact changed the events in their mind to make sense. The same event can be recalled by multiple witnesses in different ways, this happens all the time.

Frank Fernandez a criminal lawyer in Boston defends people accused of crimes who have been wrongfully identified. Experts are used to educate the jury as to the pitfalls that exist in identification and how just because someone sincerely believes they are sure of a situation that it may not be the case. For a free consultation call 617-393-0250
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Alfredo R Posada, 22, of Somerville was held without bail in Somerville District Court pending a dangerousness hearing to be held on Tuesday. Posada is charged with one count of assault to rape and two counts of indecent assault and battery.

It’s alleged that Posada groped three women in late-night attacks in Somerville. He is said to have followed each woman before attacking them from behind, each woman was walking alone at the time.

Frank Fernandez is a Somerville criminal defense attorney who handles sexual assault cases

At least six such attacks have been reported in Somerville since September. Officers from Cambridge, Medford, Tufts University, Somerville, the FBI and MBTA transit police have all been jointly working together in search for a suspect of these assaults.

Somerville police were patrolling in the Davis Square area Thursday when they observed Posada following three women the police took him into custody at that time and a police lineup was performed later that nigh. Posada was identified by three victims as the person who allegedly had assaulted them.

It was mentioned in the arraignment that Posada suffers from schizophrenia.

Frank Fernandez is a Boston criminal defense attorney who represents people charged with sexual offenses such as assault with intent to rape and indecent assault and battery. Feel free to call for a confidential consultation.

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Stephen P. Bold was arrested by the Mashpee police on Wednesday on charges of rape and indecent assault and battery. The police did not provide specifics about the allegations but we know it’s related to a female who is not a member of his family.

The charges of rape and indecent assault and battery are not alleged to have happened while he was on duty as a firefighter but rather at some point while off duty. Bold has been honored for his work as a paramedic and firefighter, is been part of the force for over 20 years.

It is expected that he will fight these charges which could have a grave effect on his ability to remain as a custodial parent his two children both under the age of 10. If convicted not only his incarceration a fear in these types of cases but when convicted of criminal sexual conduct it may affect custody rights of minor children.

Frank Fernandez is a defense attorney serving Cape Cod and all of Massachusetts. When charged with a sexual crime is important to getting an experienced defense attorney involved as quickly as possible. The majority of these cases are swearing contests between the defendant and the alleged victim; it is important for a defense lawyer to become involved quickly to preserve whatever evidence may be valuable.

Rape can be charged in many different forms, there is aggravated rape which involves force causing physical harm or a victim who is placed in a special category such as being pregnant. Indecent assault and battery is the unwanted touching of another’s private sexual areas which are the breasts, vagina, penis or buttocks. Conviction for either rape or indecent assault and battery besides potential incarceration would require registration with the sex offense registration board or SORB. SORB classifies sex offenders and requires that an offender be placed on a list which may be viewable by the public for those classified as more serious sex offenders. Classification as a sex offender can be challenged through a hearing to determine the appropriate sex offender level. It is important to have an experienced criminal lawyer represent you in front of the sexual offender registration board.

If you’ve been charged or being investigated for a criminal sexual offense, call Frank Fernandez criminal defense lawyer for a free consultation regarding your case.

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This took place after a national effort to find and remove illegal immigrants with prior criminal convictions some with multiple criminal convictions. US immigration and customs enforcement better known as ICE conducted a nationwide sweep that lasted seven days which detained immigrants with felony convictions such as: manslaughter attempted murder, kidnapping, armed robbery, drug trafficking, child abuse, sexual crimes and aggravated assault. ICE named this operation crosscheck and said it was the largest of its kind involved over 1900 officers and agents from the 24 field offices with police organizations offering assistance.

19 arrests occurred in Boston, many of those arrested were already considered immigration fugitives in that they had been previously ordered removed from the country but failed to leave, some had been previously deported and had reentered illegally.

Some of those arrested were presented to both local and federal authorities for criminal prosecution at least 146 of those arrested were being considered for prosecution on a variety of charges including illegal reentry after deportation a federal charge which can carry up to 20 years in prison.

There has been a lot of press lately related to illegal immigrants and criminal conduct within the state of Massachusetts. Recently there’ve been at least two arrests for OUI, which is operating under the influence or drunk driving, one incident which led to the death of an innocent third party these accidents were caused by illegal immigrants driving without a license. Massachusetts does not allow for someone to obtain a license unless they have a Social Security number making it impossible for illegal immigrants to attain a Massachusetts driver’s license.

By 2013 ICE or immigration customs enforcement will be receiving notification from all local state authorities as to the arrest or stop of any person suspected of being in the United States without proper documentation. Many are calling for Congress to take action and reform the current state of affairs as it stands for illegal immigrants who have been living and working in this country while raising families. The recent arrests of illegal immigrants have brought this topic to the forefront in Massachusetts. There are staunch advocates on both sides. The one thing that remains clear is that congressional action must be taken to clarify and establish a clear set of guidelines and expectations for those illegal immigrants who have lived in the US for many years. Without clear guidelines they will continue to be growing communities of people without any legitimate status to work, drive or vote throughout all of the United States.

Frank Fernandez is a criminal defense attorney who practices in the Latin community in Massachusetts. He also provides representation in civil litigation matters such as personal injury and medical malpractice cases. He can be reached for free consultation at 617-393-0250.

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A large crowd of adults and about 35 to 40 9-year-old children witnessed a teenager climb over the outfield fence at Lynch field naked with a T-shirt covering his face. The teenager ran around streaking in the outfield until he jumped the outfield fence again and fled in a waiting truck.

The teenager had dropped his cell phone on the field. The truck was spotted a short time later at the Hingham bathing beach. Police spotted teenagers by the truck one of them was identified from a photograph found on the phone.

Oliver Sullivan, 18, was charged with one count of open and gross lewdness in Hingham District Court. Sullivan stated to the police that his friends dared him to streak and bet him $20 that he would not do it. Open and gross lewdness is a sex crime and a second offense would require registering as a sex offender. This type of charge can have a great effect on young man’s future; a conviction must be avoided at all costs so that this teenager does not have to answer for this charge for the rest of his life in job interviews and in filling out applications.

Another issue that this case raises is the right to privacy when it comes to a person’s cell phone. The police need to have probable cause and good reason to begin searching a person’s cell phone. This case is a little different in that the phone was lost by a suspect while fleeing and therefore the police can probably justify their looking into the phones contents. Where the police make an arrest and then begin to search through an arrested person cell phone then this would be grounds for a motion to suppress evidence.

Everyone is foolish and carefree as a teenager but foolish behavior which leads to charges of a sex crime must be handled very delicately. Frank Fernandez is a Boston criminal attorney who has years of experience in protecting the criminal records of his clients. To speak with a criminal lawyer now please feel free to call for free consultation 617-393-0250.

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Three men decided to order “strippers” at 4:30am the other night from their Brookline apartment on Freeman Street. They looked on the website called eros.com where escorts will post their photo and contact information related to services.

The three men told police that they contracted two women from the site to perform a strip show. When the women arrived they were not the ones which appeared in the photos on the website so the men canceled the performance and refused to pay. This is when one of the women hit one of them in the face and grabbed the $800 he had in his hand and stuffed it in her bra; the other woman then pushed a second man who attempted to get the money back. Both women then fled the apartment.

Police responded to a robbery call received a description of the females and located them at a convenience store on Park Drive soon after. The women were with a man Dana Roberts, 35, who was driving them in a Mercedes, Roberts had outstanding warrants for traffic violation and for operating a vehicle with a revoked license and was arrested.

The two women were identified as Catriona Kaye, 29, of Mattapan and Sheila Estrada, 29, of Dorchester. Both women were arrested and charged with robbery. All three suspects will be arraigned in Brookline District Court, the two women for charges of robbery and most likely assault and battery, Roberts may be charged with conspiracy since as the driver of the vehicle it may be alleged that he participated knowingly in these robberies.

Escorts routinely rip off potential customers under the premise that the person would never call the police under such embarrassing circumstances. These three men were so upset by the actions of these escorts that they mustered the will to involve the police. Paying women for sex is obviously illegal with both the man and woman potentially facing prostitution charges and receiving sex for a fee. But what these women advertised was a private strip show and what the men told the police was that a strip show is what they had requested. No one knows whether this truly was a transaction for sex for a fee but it is credible that these women acted brashly and did in fact grab and push these men for the money once a disagreement arose believing that the police would never be involved.

As a Boston criminal defense attorney I have represented clients who have advertised escort services on craigslist, Eros and other websites promising a strip show or massage; I have also represented those charged for having paid money for sex. If one looks at these websites you can see that this is a thriving industry. The police monitor these websites at times pose as either a person offering services or a “John”. If you’ve been arrested for prostitution or receiving sex for a fee do not hesitate to contact me for a free consultation. The above case is unusual because rarely are the police called when assault and battery and robbery occurs after a dispute between an escort and those that called her.

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Developer William O’Connell who is known for having created the Marina Bay development and more recently the Granite links golf course was released yesterday in Quincy District Court on $150,000 cash bail for charges of aggravated statutory rape, sex for a fee and trafficking in cocaine.

Not much is known about the specifics of the case since the alleged victim is a minor, it appears there are two counts of statutory rape and two counts of sex for a fee, it is alleged that he was in possession of 19 grams of cocaine upon his arrest and therefore was charged with trafficking in cocaine.

The judge made a point of stating at his arraignment that he would be treated like everyone else who encounters the criminal justice system. The Trafficking in cocaine charge alone carries a mandatory minimum three years in jail.

This is a case that will be taken to the Middlesex Superior Court by way of a grand jury indictment it will most likely not be resolved in Quincy District Court. It is the Commonwealth that decides whether they wish to indict a case and take it to Superior Court.

Frank Fernandez is a Boston criminal lawyer who handles both rape charges and drug offenses such as trafficking in cocaine in Boston and throughout all of Massachusetts. Feel free to contact us for a free consultation.

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