Boston Criminal Lawyer Blog

The Boston Criminal Lawyer Blog is so proud to announce that, thanks to local law enforcement, the good people of Fall River can sleep soundly tonight, knowing that they have once again been kept safe by intrepid police work.

By this, of course, I refer to the brave and brilliant criminal investigation that has led to the arrest of 24 foul demons for the crime against nature known as prostitution.

Yes, I am referring to the most recent prostitution sting win which 23 unknowns and a Fall River City Councilor have been arrested and are being brought to justice. With these dangerous criminals off the streets, the authorities can now focus on the lesser crimes of homicide, rape and drug trafficking.

After all, as we have often heard, there are only so many resources to go around...!

The science behind such police operations has been discussed before in this blog. Generally, it involves having a female police officer dress and prance in a sexually provocative manner so as to entice men to inquire about the possibility of paying for sex with her. Thus located, these offenders are snatched up as if by a Venus Fly Trap and awarded the Commonwealth bracelets of shame.

Continue reading "Fall River MA City Councilor Is Arrested In Prostitution Sting – A Boston Criminal Attorney’s Viewpoint" »

Sex cases are a funny thing. That is, “funny” as in “strange”. In a country wherein we say that we prize the presumption of innocence, we really don’t act like we like said presumption very much.

Currently, I am handling a high profile case about child pornography. Already, the press is interested. This, of course, is natural and is the job of the media. However, I am troubled not by the fact that it is newsworthy, but the reaction of people. Any passer-by who is questioned about the matter seems to have already formulated the verdict of “guilty”. People are shocked that “this has happened”, except that a man's good deeds have been completely disregarded because of the new accusations. Other than that, nothing else has been proven to have “happened”.

What is even more troubling is the aftermath.

I can still locate articles from 2008 when another client of mine was arrested and charged with rape involving a child. People were interested then. Well, for the last two years, we fought against the “assumption of guilt” while trying to remind everybody else that a “presumption of innocence” was rumored to still exist. Finally, two years later, my client was completely exonerated…as in “Not Guilty”. Out of curiosity last night, I cruised the internet to find mention of the fact that my client, who attempts to resurrect his life now that he has been acquitted, has been found not guilty.

Big surprise – nary a whisper.

Continue reading "Another Clergy Sex Crimes Case Inspires Reflections On Years Of Boston Criminal Defense" »

The criminal trial of Vernon Thompson on two counts of Massachusetts rape is now under way. Thompson, 40 is accused of sexually assaulting a Newton teenager while he was a psychiatric patient at Lemuel Shattuck Hospital in Jamaica Plain in 2008.

He is accused of taking the girl, then 14, to an area of the hospital where there were no security cameras and sexually assaulting her. His Boston criminal defense lawyer is asking jurors to remember that the defendant was a mental health patient when the allegedMassachusetts sexual crime happened. She also noted that because of his diminished mental capacity, he was incapable of understanding his actions or conforming to the law.

Diminished Mental Capacity Defense
Due to mental illness, a psychological disorder, or other health issues, some people who’ve committed a crimes lack the capacity to understand that their actions constituted a criminal act. Evidence of diminished capacity can be presented to a jury as part of the defense as they consider whether to find a defendant guilty or not guilty of a crime.

Massachusetts is zealous when it comes to pursuing people charged with sexual crimes and it is important that you are represented by a Boston criminal defense lawyer that can secure the best outcome possible for your case. A conviction as a sex offender can land you in prison for years, place you on the Massachusetts sex offender registry for life, and likely have serious repercussions on your career and personal life.

Girl, 16, testifies at rape case, Boston.com, July 14, 2010

Hospital Rape Case To Begin, WCVB, July 6, 2010

Continue reading "Psychiatric Patient on Trial for Boston Rape Has Diminished Mental Capacity, Says His Massachusetts Criminal Defense Lawyer" »

Yesterday, the Boston Globe’s front page reflected the start of a new series of articles on students, families and schools. It described the plight of Lexi, a 14-year-old girl who began classes at a new school in an “affluent suburb” west of Boston.

According to the story, Lexi’s torment began within the first few days, when a “friend” texted her the message, “Go online.’’

“Online” being shorthand for “facebook”, Lexi went to the page to find pictures a girlfriend had taken a few months before of Lexi making faces at the camera. After the posting were a string of brilliant comments like, “You look like a rat that has been put on crack . . . in other words ugly as balls,’’ and “ hahaha”.

This was a terrific blow. After all, Lexi had realized that how she looked mattered a great deal in how she was or was not accepted. Now, there was a picture of her looking like a kid, neither polished nor particularly attractive..

“I knew from the beginning,’’ Lexi says now. “I knew it was basically everyone against me.’’

Sure enough, in the months that followed, she was taunted at school. Boys called her foul names and girls snickered. Finally, the problem worsened as groups of students picked on her, surrounding her on the stairs or pushing her in the cafeteria. She even received threatening calls on her cell phone.

Continue reading "Assaults, Threats And Bullying In Boston Schools – Will The Law Help? (Part One)" »

As a Boston criminal defense attorney, there is an oft-said and ill-fated sentence claimed by clients. It reads, “…but I didn’t know that was illegal!”

Unfortunately, such lack of knowledge does not usually matter. They really mean it when they say “ignorance of the law is no excuse”. Further, there are times when ignorance of the facts is basically irrelevent.

A prime example of the latter is the case of statutory rape. “But I didn’t know she was just shy of her thirteenth birthday…she told me she was twenty-five” is not going to be a viable defense.

Another example is something that a psychiatrist who teaches at Harvard Medical School (clearly not an ignorant man by any estimation, yet, hereinafter, the “Defendant”) said this week about the trouble in which he has now found himself.

He had been hosting a graduation party in New Hampshire. He has released a statement that he didn't know that there were students drinking at the high school graduation party .

Apparently, however, there were.

Continue reading "A Boston Criminal Defense Attorney’s View Of Knowledge And Guilt In The Criminal Justice System" »

Thomas DeBlois, a church choir director, was arrested on Saturday for alleged sexual misconduct. The 47-year-old Woburn man is charged with the Massachusetts enticement of a child. Now, pending the outcome of the criminal investigation, the Archdiocese of Boston has placed him on leave without pay.

DeBlois, who is St. Charles Borromeo Parish’s music and choir director, has worked there since 1992. He used to be a music teacher at the parish’s elementary school.

All parish volunteers and employees that work with children must undergo criminal background checks each year. The last time DeBlois was screened was in January. At the time, he had no criminal entries on his record.

DeBlois’ arraignment is scheduled for Tuesday. If convicted, he could be facing a maximum five years in prison and a lifetime as a member of Massachusetts’s sex offenders registry.

Merely having your name linked to a possible sexual crime can ruin your reputation, damage your career, and place a huge strain on your personal life. A conviction for a Massachusetts sex crime can deprive you of opportunities in the future even after you have served your time behind bars. This can be especially devastating if you were in fact not guilty.

The outcome of your criminal case is so important that the rest of your life could depend on it. This is one of the many reasons why you must be represented by an experienced Boston criminal defense law firm that knows how to successfully defend you.

Choir director faces sex charge, Boston.com, May 31, 2010

Church choir leader in sex rap, Boston Herald, May 31, 2010

Related Web Resources:
Chapter 265: Section 26C. Definition of “entice”; enticement of child under age 16; punishment, The General Laws of Massachusetts

Archdiocese of Boston

Massachusetts Sex Offender Registry Board

Today, the Boston Criminal Lawyer Blog sets its sight a bit further south. We look to Georgia and the case of Tonya Craft, the former kindergarten teacher who was charged with 22 counts of child molestation, aggravated sexual battery and aggravated child molestation. Her daughter along with the other three young accusers testified for the prosecution.

On Tuesday, the jury came back with the verdict of “Not Guilty”.

Hey, great, right? Justice was done and so it is big victory for Ms. Craft, yes?

Well, not so much. You see, win or lose, one's life is forever altered when such allegations come..

Craft describes that there are no winners in this type of situation. Her career is finished and she remains separated from her children who were taken away because of the allegations. There is also the matter of legal bills, stress on her family and supporters, not to mention stress on herself.

Not bad for a system that presumes innocence in a case where the person, at the end of the trial, remained so, huh?

Continue reading "The Boston Criminal Law Blog Questions Investigations and Prosecutions As Former Teacher Is Found Not Guilty Of Various Sexual Assaults" »

A jury has convicted 40-year-old David Flavell of assault with intent to rape a Massachusetts General Hospital employee. The 40-year-old former Salem resident, who before this latest incident was already registered as a Level 3 sex offender, was accused of attacking the woman inside the Boston hospital’s lobby bathroom last October. The jury also convicted Flavell of Massachusetts assault and battery and two counts of assault and battery with a dangerous weapon.

Prosecutors said that Flavell, who was waiting outside the woman’s restroom, followed the victim inside and placed an “out of order” sign on the door. They say that he pushed the victim’s head against the floor, tore her pants, hit her on the face, and tried to rape her before she got away. The Suffolk County District attorney’s office said that the “dangerous weapon” reference refers to the floor and the wall.

Because this is not Flavell’s first criminal offense, he could be sentenced to life in prison rather than the 20-years prison sentence that comes with a first conviction of assault with intent to rape. During the mid-1990’s, he was arrested in Salem for lewd sexual acts. He was convicted in Essex County in 1998 of assault with intent to rape. He was also arrested in Salem and Methuen six times for allegedly sexually pleasuring himself on clothes that were hanging in local stores. He was arrested in Salem in 2003 after he called a help line and said he was worried about what he might do. He was charged with making a false report. During a 2006 criminal trial, a Massachusetts Superior Court Judge determined that Flavell wasn’t a sexually dangerous person. Flavell was arrested in 2008 for peeping into a women’s stall at a Braintree bookstore.

Former Salem man convicted in sex assault case, Eagletribune.com, April 30, 2010

Sex offender convicted in MGH attack, Boston Herald, April 29, 2010

Related Web Resource:
Chapter 265: Section 24. Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs, The General Laws of Massachusetts

Continue reading "Ex-Salem Resident Convicted of Attempted Boston Rape of Woman in Massachusetts General Hospital Bathroom " »

Two adults and three underage teen boys have been charged in connection with the gang-rape of a 7-year-old girl. The alleged victim’s 15-year-old stepsister has been charged with aggravated assault, promoting prostitution, and other crimes related to the case.

According to police, the 7-year-old was worried about her stepsister’s safety and went with her to a party. The teen had sex with a number of men in exchange for payment and also charged them to touch the 7-year-old. Police say that the touching became forcible sex and that seven men ended up raping the young girl. The men are accused of threatening to kill the 7-year-old if she screamed or reported the incident.

Among those arrested are 20-year-old Gregory Joseph Leary and 19-year-old Timear Lewis. The others that were apprehended are ages 17, 14, and 13. All five of them were charged with child endangerment and aggravated sexual assault. Leary has also been charged with having sex with a juvenile (the 15-year-old) too young to consent. The assault allegedly took place on March 28.

Even though nearly everyone arrested are juveniles, prosecutors may attempt to try everyone as adults.

Massachusetts Sex Crimes
You could find yourself in big legal trouble if charged with a Boston sexual assault crime. A conviction can lead to years in prison and a lifetime on the Massachusetts Sex Offender Registry Board, which will brand you as a convicted sex offender. It can be difficult to move on even after you have already completed your sentence and other penalties.

Outrage Follows Arrests in Rape of 7-Year-Old New Jersey Girl, ABC News, April 4, 2010

Five Charged in N.J. Child Rape Case; Girl, 7, Allegedly Pimped by Teen Sister, CBS News, April 5, 2010

Six Arrested After Girl, 7, Is Gang-Raped in New Jersey, The New York Times, April 3, 2010

Related Web Resources:
Massachusetts Law about Sex

Study: Many sex offenders are kids themselves, USA Today, January 5, 2010

Continue reading "Three Boys and Two Men Charged in Gang-Rape of 7-Year-Old " »

A 41-year-old registered sex offender has been arrested on charges of Massachusetts indecent assault and battery on a mentally challenged person and rape. Peter J. Duart was jailed on Martha's Vineyard.

He is a Level 2 sex offender. This means that Duart has been convicted of a sex crime that makes authorities think that he is in the mid level danger range when it comes to possibly offending again.

Massachusetts Sex Crimes
If you are charged with allegedly committing a sex crime in Massachusetts, know that prosecutors will likely aggressively pursue your case. Even if you did not commit the crime, there is a good chance that your reputation may be ruined and your relationships and professional life could suffer. This is why you should speak with a Boston sexual crimes lawyer as soon as possible.

You must get good legal representation. If you are convicted of the sex crime, you could end up in prison, be ordered to pay stiff fines, have to undergo counseling, and/or serve probation. You also will be permanently listed as a sexual offender on Massachusetts’ state registry. Anyone who goes to the registry will be able to access your name. If you have a prior conviction on your record, the charges against you and the sentence you may be ordered to serve can be enhanced.

Sex crime convictions that require that a person register as a Massachusetts sex offender:

• Aggravated rape
• Indecent assault and battery on a child under 14
• Indecent assault and battery on a person age 14 or over
• Indecent assault and battery on a mentally retarded person
• Rape of a child under 6 with force
• Rape
• Rape and abuse of a child
• Assault of a child with intent to commit rape
• Assault with intent to commit rape
• Kidnapping of a child
• Drugging persons for sexual intercourse
• Enticing a child under the age of 16 for the purposes of committing a crime
• Living off or sharing earnings with a minor prostitute
• Inducing a minor into prostitution
• A second conviction for open and gross lewdness and lascivious behavior (excludes a single or first adjudication as a delinquent juvenile prior to 8/1/92)
• Disseminating to a minor matter harmful to a minor
• Incestuous marriage or intercourse
• Unnatural or lascivious acts with a child under 16
• Posing or exhibiting a child in a state of nudity
• Aggravated rape
• Possession of child pornography

Registered sex offender nabbed on rape charge, Cape Cod Times, March 20, 2010

Information for Sex Offenders, Mass.gov

Related Web Resource:
Commonwealth of Massachusetts Sex Offender Registry Board

Continue reading "Registered Sex Offender Arrested for Alleged Massachusetts Rape of Mentally Challenged Person" »

A 33-year-old middle school teacher who says she had sex with a student has turned herself in to authorities. Amy Beck is charged with one count of oral copulation with a person under 16 and four counts of unlawful sex with a person under 16.

Beck, a David Starr Jordan Middle School teacher, says she and 14-year-old student were sexually involved with each other from March to September 2009. He was 15 when their alleged relationship concluded. The boy has confirmed that the sexual relationship happened.

The school teacher says that she decided to come forward because she had been feeling remorseful about what transpired. Beck is married and has children.

Her arraignment has been postponed until March 25. If convicted, Beck faces a maximum seven years in state prison.

Massachusetts Sexual Crimes Defense
There are some sexual relationships that are not as clear cut as the law would like them to be. This is why it is so important that you have an experienced Boston sexual crimes lawyer who knows how to provide you with the best defense. Even if you are not guilty of the crime that you are accused of committing, your reputation, career, and personal life may be damaged by the mere allegation of a sexual offense.

Your Massachusetts criminal defense law firm can conduct a thorough investigation of the case against you and help secure the best outcome possible for your case. A conviction for a Boston sexual crime can lead to years in prison, monetary fines, required rehabilitation, registration as a sex offender in Massachusetts, and the loss of a number of legal rights.

Guilt-Ridden Teacher Confesses to Sex With Middle School Student, ABC News, Mach 10, 2010

Calif. Teacher Turns Herself in After Alleged 6-Month Relationship With Student, Fox News, March 12, 2010

Related Web Resource:
The General Laws of Massachusetts

A second woman is now accusing Pittsburgh Steelers quarterback Ben Roethlisberger of sexual assault. The alleged incident is said to have occurred at a Georgia nightclub early Friday morning close to where the NFL player owns a home.

The football player and the alleged victim had been socializing with the same groups of people that evening. The woman, age 20, was treated at a hospital and then later released. She filed her complaint later that night.

No criminal charges have been filed against Roethlisberger, and investigators are looking into the allegations. Deputy Police Chief Richard Malone noted that the football player is not an official suspect in the case at this time, and witnesses are being interviewed. Roethlisberger’s agent has expressed skepticism that these latest allegation against the football player are true.

The Steelers quarterback is the defendant of a personal injury lawsuit accusing him of sexually assaulting another woman. The accuser, Harrah’s hotel employee Andrea McNulty, never filed a police report over the alleged incident and no criminal investigation ever took place. McNulty claims that the NFL player raped her after summoning her to his room to repair a TV.

Boston Sexual Assault Crimes
Sexual crimes are serious offenses that can lead to harsh punishments for those that are convicted of:

• Rape
• Statutory rape
• Sexual assault
• Child Pornography
• Prostitution
• Indecent Assault & Battery
• Cyber Sex Crimes
• Sex crimes involving children (ages 14 and under)
• Pornography
• Lewd Conduct

NFL star Roethlisberger accused of sexual assault, CNN, March 5, 2010

Andrea McNulty Accuses Ben Roethlisberger Of Sexual Assault, Huffington Post, July 21, 2009

Related Web Resources:
Ben Roethlisberger, NFL.com

Continue reading "NFL Football Player Ben Roethlisberger Accused of Sexual Assault " »

Here is another arena in the Boston area where the hysterical cry of the Lawenorder Bird calls, “Softoncrime! Softoncrime!” The bird, considered a symbol of justice to some is seen as a predatory bird by others. Criminal defense attorneys for example.

The arena is one in which only one-half of its nesting area is visible to the general population. The nesting area is known as “The Administration”. The arenas are educational institutions littered throughout the Commonwealth. Academic in nature, they often do not consider certain real-life considerations. This makes them especially susceptible to public opinion.

And public opinion is almost always in favor of an easy answer to crush the problem of crime.

“Ok. Now what on Earth is he writing about today?”, you ask. “Predatory birds? Nests susceptible to public opinion? Has Sam Goldberg finally lost his grip?”

Continue reading "Attorney Sam’s Take: Massachusetts Campus Crime Report Seems To Contend That Sexual Assault Is Now “Acceptable” In College" »

A Middlesex Superior Court Grand Jury indicted Roger Lau and Thomas Heinz, both 26, on child rape charges yesterday. They are accused of raping the same girl.

Prosecutors say that both men assaulted a girl from the under-14 Medford girls soccer league that they were coaching. The alleged Massachusetts sexual assault crimes began taking place in 2003 and the last incident is said to have occurred during the summer of 2004.

The alleged victim, who was then 13 to 14 years of age, told police that she and Lau were sexually involved with each other for over a year. She claims that Heinz sexually assaulted her twice.

Lau was indicted on four counts of child rape by force and Heinz was indicted on one count of child rape by force. Both men have pleaded not guilty to the charges.

The two men were arrested last December. They are on pre-trial release and have been ordered not to have contact with children under age 16 unless these interactions are supervised. They also cannot coach or officiate any activities involving kids younger than 16.

Massachusetts Rape Charges
Allegations of rape are very serious—especially if the alleged victim is younger than 16. The state of Massachusetts does not consider an adult having sex with someone younger than 16 to ever be a consensual act and criminal charges can be filed against the adult. Punishments may be even more serious when violence or abuse is involved.

You have the right to an experienced Boston sex crimes lawyer who can defend you against all charges and protect your rights. Even if you are not guilty of committing any crime, your life can be irrevocably altered when you are accuse of rape.

Former Medford soccer coaches indicted on rape charges, Boston.com, February 5, 2010

Roger Lau, Thomas Heinz Accused Of Teen Soccer Child Rape, Huffington Post, December 22, 2009

Related Web Resource:
Massachusetts Law About Sex

Continue reading "Middlesex Superior Court Grand Jury Indicts Two Former Medford Soccer Coaches on Child Rape Charges " »

A 41-year-old man who has been on Lynn authorities' 10 Most Wanted List for allegedly trying to rape a 13-year-old girl a decade ago has pleaded not guilty to charges of indecent assault and battery on a child under age 14 and assault with intent to rape a child. Victor Cruz was apprehended in October 2009 for the 2000 Massachusetts sex crime. His arraignment was on Wednesday. His bail is $1 million.

Cruz is accused of trying to have sex with his live-in girlfriend’s daughter. The alleged victim was 13 at the time. The girl’s mother told him to leave their home following the allegations. He left the country and lived in the Dominican Republic for more than nine years.

However, federal authorities found him and made him return to the US last year so he could be charged with the alleged sex crime. Cruz’s Massachusetts criminal defense lawyer is disputing the girl’s account of what happened. He says there is no forensic evidence and the alleged victim’s accounts of what happened have not been consistent.

If convicted of indecent assault and battery, Cruz could be sentenced to up to 10 years in state prison. A conviction for the attempted rape assault charge could land him in prison for up to 20 years.

Assault with intent to rape a child
Under Massachusetts General Laws Chapter 265 Section 24, assault with intent to rape a child is a serious offense. The prosecutor must prove that the defendant committed an assault that made the alleged victim subject to battery regardless of whether or not the physical harm was actual or intentional.

Indecent assault and battery on a child under age 14
Under Massachusetts General Laws Chapter 265 Section 13B, the prosecution must prove beyond a reasonable doubt that the alleged victim was in fact under age 14, the defendant purposefully made actual physical contact with a victim’s private part(s), and the contact was indecent, offensive or harmful, and unjustified.

Bail set at $1M for Lynn 'Most Wanted' rape attempt suspect, TheDailyItemofLynn, January 14, 2010

Related Web Resources:
Massachusetts General Laws

Massachusetts Law about Sex

Continue reading "Lynn Suspect in 2000 Massachusetts Sex Crime Case Pleads Not Guilty to Attempted Rape of Minor Charge " »

Okay, here is the unfortunate truth of the matter – safeguarding Constitutional rights does not always bring happy results. Sometimes the cost is tragic. Most of the professionals involved in the criminal justice understand that. Massachusetts Kingston Police Chief Joseph Rebello is not one of those professionals apparently. I am guessing he is not a big fan of criminal defense attorneys either.

Nor is he likely to enjoy today’s blog.

The man at the heart of the story is Joseph G., a 26 year-old construction worker, of Kingston (hereinafter, the “Defendant”). He was arraigned last week on charges that he sexually assaulted a girlfriend’s 3-year-old daughter in Kingston. It was his second such charge. In fact, he had been charged this summer with raping another child.

The most recent matter came into being while the Defendant was free on bail.

Continue reading "On Massachusetts Probation, Child Rape Suspect Is Arrested For Second Sexual Assault While Out On Bail" »

Dear readers,

As you may have noticed, this daily criminal law blog has been rather sparse this week. this has been due to a conspiracy between court dates and internet failures. However, the Bostoncriminallawyerblog will return in full swing on Monday. Here in Boston, we take these things seriously, as do I.

On Monday, we start with a story of rape, a two-time defendant and A police chief against the right to bail.

See you then.

In the meantime, have a great, safe and law-abiding weekend!
Season's Greetings,

Sam Goldberg

A jury has found Michael D. Holden, a former Greater New Bedford Regional Vocational-Technical High School teacher, not guilty of two counts of forcible rape of a child. The alleged victim, who is now 20-years-old, had accused Holden of driving her to a parking lot, and, while in his SUV, forcing her to have sex and perform oral sex on him in 2004.

In January 2005, the school fired Holden after 14 years of employment. He also coached the boys volleyball team.

Holden’s criminal defense lawyer had accused the alleged victim of making up the allegations because the former teacher failed her for school work, recommended that the school suspend her, and admonished her several times for not dressing appropriately and being disruptive during class.

Following the announcement of the jury verdict, Holden expressed relief that he was exonerated.

Forcible Rape of a Child
In Massachusetts, a conviction of forcible rape of a child can lead to a lifelong prison sentence. This is considered a serious sexual offense and a violent crime. If you are under investigation for this crime, it is important that you consult with a Boston criminal defense lawyer right away.

Even as a suspect in a Massachusetts rape case, your reputation, career, and personal life can be thrown into turmoil. It is important that you have a legal team that knows how to provide you with the best defense.

Former teacher not guilty in rape case, SouthCoastToday, December 15, 2009

Ex-Teacher Not Guilty Of Child Rape, The Boston Channel, December 15, 2009

Related Web Resource:
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries

Continue reading "Former New Bedford Teacher is Not Guilty of Child Rape, Says Massachusetts Jury" »

A couple has been arrested for allegedly owning and operating a prostitution parlor in Tyngsboro. Yuanchun Pi, 60, and Charles Stewart, 66, each face one count of maintaining a house of prostitution. Pi also is charged with one count of engaging in sexual conduct for a fee.

The couple owned and ran Tyngs Tarry Massage Therapy until it was shut down last week. The Massachusetts town of Tyngsborough issued the cease-and-desist order after an anonymous tipster notified police that “illegal” activities” were taking place in the building. Another woman, Yin Hang, was also arrested and charged with sexual conduct for a fee.

Hang, Pi, and Stewart are to be arraigned at Lowell District Court.

Online ads for the business offered massages for $70/hour and $50/half hour. Owners touted the massage salon as a “clean and relaxing” for clients to bring their “stress and pain.”

Engaging in Sexual Conduct for a Fee
In Massachusetts, even if any sexual conduct did not occur, a person can still be charged for sexual conduct for a fee if an offer or agreement was made. The defendant can be the person accused of offering the sexual favors in exchange for money or the one who allegedly agreed to pay for the sexual favors. Either way, it is important that a person charged with a Massachusetts sex crime speak with an experienced Boston criminal defense law firm that knows how to successfully represent clients charged with prostitution.

A person convicted of engaging in sexual conduct for a fee can be ordered to spend up to a year behind bars. If the defendant is convicted of agreeing to pay, offering to pay, or paying to have sexual conduct with a child under age 14, he or she may be sentenced to up to 10 years in prison.

Police say Tyngsboro massage shop sold sex; three face charges, Lowell Sun, December 3, 2009

2 Charged With Running House Of Prostitution, WMUR9, December 3, 2009

Related Web Resource:
Chapter 272: Section 53A. Engaging in sexual conduct for a fee; engaging in sexual conduct with child under age 14 for a fee; penalties, Massachusetts General Laws

Continue reading "Couple Accused of Running Massachusetts Prostitution Parlor" »

A former Westboro middle school gym teacher and girls basketball coach is facing up to 10 years in prison after pleading guilty to one Massachusetts possession of pornography criminal charge. Brian Rossi, 37, was arrested last February after images of kids taking part in sexually explicit activities were discovered in his home during a search. Rossi’s sentencing is scheduled for February.

Arresting officers say Rossi threatened to commit suicide. He was given a psychiatric evaluation at St. Vincent Hospital and then placed under home confinement, where he has been taking medication to treat his depression and anxiety. He is also undergoing therapy.

Rossi’s Massachusetts criminal defense lawyer has asked the judge to let Rossi stay confined at home until he is sentenced so he can continue getting treatment. Rossi has admitted to owning the child pornography videos but there are no allegations or evidence that he ever touched anyone inappropriately. According to his psychological evaluation, the former teacher is not likely to reoffend.

Child Pornography
Child pornography is considered a violent crime and state and federal sentencing guidelines exist for distribution or possession of child pornography. Merely having child pornography in your possession can throw you in prison and require you to to register as a sex offender when you get out of prison. This can negatively affect your professional opportunities and personal and social relationships and alter the course of your life.

Under the General Laws of Massachusetts, Chapter 272: Section 29C, possession of child pornography consists of knowingly buying or having in your possession visual material showing a person under 18 engaged in sexual conduct.

Teacher guilty in child porn, Telegram, December 5, 2009

Ex-Mass. school gym teacher guilty of child porn, Boston Herald, December 5, 2009

Related Web Resources:
Chapter 272: Section 29C. Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment, The General Laws of Massachusetts

What is Child Pornography?, Missing Kids

Continue reading "Ex-Westboro Teacher and Coach Pleads Guilty to Massachusetts Possession of Child Pornography Charge" »