Boston Criminal Lawyer Blog

This Boston criminal lawyer believes that we are moving up another notch in criminal liability in the Commonwealth of Massachusetts….probably nation-wide in fact.

A famous, and late, gent of the 1500’s , John Donne, once wrote that no man is an island. In other words, we are all connected and must interact with each other. It suggests that we all have some sort of responsibility for one another.

Such an idea is not foreign to the justice systems, both civil and criminal. As this is the criminal lawyers blog, let’s stay on the criminal side.

The idea that someone has the responsibility of someone else has long been situational in the criminal justice system. While there has not necessarily been a duty to intervene in a crime, or even report it, there have, of late, been exceptions to the rule.

For example, a health care professional or an educator has a duty to report any potential of child abuse. A therapist, who’s patient’s sessions are normally kept confidential, must take some action if that patient seems to be an imminent threat to someone else.

Now, coming to the aid of a potential victim is, of course, not always easy to do. First of all, doing so might get one hurt or killed. Second, nobody really loves to be drawn into the criminal justice theatre, be it witness or defendant. However, particularly in the wake of Penn State’s sexual assault scandal, the rules of culpability may be about to become harsher.

Speaking of being responsible for another, criminal defense attorneys have a certain responsibility to their clients. With that in mind, one may wonder what was passing for strategy when Jerry Sandusky (hereinafter, the “Defendant”) agreed to be interviewed on national television this week. The general rule is that criminal defendants, factually guilty or innocent, should not give interviews about the pending charges. It is too dangerous. There are certain exceptions, of course, but, near as I can tell, this was not one of them.

In fact, there is a chance the media frenzy on the story would have died down a bit had the Defendant not taken the near-legally-suicidal step of chatting with Bob Costas. Clear thinking notwithstanding, there he was, as his defense attorney sat by on camera, states away from his client, who was happily talking about towel-snapping and horseplay in the shower with nude children.

Maybe an insanity plea is in the works…

“But, Sam, clearly any problem the Defendant has with his lawyer’s advice would be a civil matter, not a criminal one.”

Yes, of course. And, in days gone by, the failure to act to protect someone would also be a civil matter. And, it should be pointed out that criminal charges have not been brought against anyone other than the Defendant.

Yet.

Continue reading "ATTORNEY SAM’S TAKE ON HOW PENN STATE’S SEXUAL ASSAULT SCANDAL ERODES YOUR RIGHTS (PART ONE OF TWO)" »

Attorney Sam’s Take On The Criminal Liability Of The Penn State Debacle

Students are protesting it. News stations are broadcasting debates about it. And, yes, the Boston Criminal Lawyer Blog is discussing it.

It has come light that Penn State had a problem with sexual assault over the years. The alleged perpetrator was assistant football coach Jerry Sandusky (hereinafter, the “Defendant”).

The Defendant has been arrested, but allegations of wrongdoing do not end there in this case.

During the course of the state investigation into the matter, allegations have emerged that law enforcement, which began an investigation into the allegations, closed that investigation without doing anything about alleged felonies. Further, it has been discovered that the President Graham Spanier and famed head Coach Joe Paterno were aware of the Defendant’s activities but also did nothing about it.

Result?

As the spotlight has been pointed into a dark hole in the university's protective coating, law enforcement and college officials have not been forced into action. Now, years after the fact, Spanier and Paterno have been fired. Most recently, as last week came to a close, Mike McQueary, was placed on administrative leave for the same reason. Kinda sorta. He had told someone...just did not go far enough.

But the result at the time?

The victims, and other victims, now known and unknown, stayed victimized and, it would seem, the problem persisted. The allegedly guilty remained unaccused and unpunished.

Of course, this is not the first time we have heard of such things. Over the past several years, we have been inundated with reports and court actions in connection with similar activities by the clergy while those in charge turned their heads in all kinds of angles in order to ignore the criminal and...one might guess...sinful activities.

And so now, years later, the news is out and Messrs.’. Spanier, McQueary and Paterno ( hereinafter referred to as the “Fired”) are released by the university in disgrace.

However, it is worth noting that they are not the alleged perpetrators parties. In other words, there is no allegation that they themselves molested any students or, actively encouraged any such actions.

Or is that really true?

Continue reading "PENN STATE OFFICIALS ARE FIRED…WHAT IS THEIR CRIMINAL LIABILITY?" »

Over the past week, there has been a lot of news concerning sexual assaults, or attempts thereof, in Somerville, Medford and elsewhere. As a result, law enforcement is looking into any possible connection between the various Massachusetts assaults

In case you do not know, Somerville and Medford neighbor one another and share the land upon which Tufts University sits. Because of Tufts, many young adults abound in the area at virtually all hours.

Does this mean that all males out walking alone could be suspects?

Attorney Sam’s Take On DNA Issues In Sexual Assault Cases

Initially, the answer to the question is “yes”. However, the potential suspect list gets narrowed a bit as descriptions of the assailant or assailants are given.

If there was any touching by the assailant(s) on almost anything, particularly the complainants, there might be DNA left behind which could narrow the search even further…maybe.

You see, when it comes to DNA, the police need a sample of someone’s DNA in order to make a match to it. Few college students have had occasion to give samples of DNA to the government or law enforcement.

Continue reading "A BOSTON CRIMINAL LAWYER DISCUSSES DNA ISSUES IN MA SEXUAL ASSAULT CASES" »

Sometimes, the Boston Criminal Lawyer Blog covers a story about a Massachusetts
rape. Other times, it is an internet crime. Still others, it is a white collar
crime. 19-year-old Tewksbury gentleman Thomas Hutchinson (hereinafter, the
“Defendant”) has now been indicted for all three, as well as other charges, by a
Middlesex County grand jury.

The Defendant is said to have posed online as someone in the modeling industry.
He got in contact with a 15-year-old girl and convinced her to send him naked
pictures and video. She complied. He then blackmailed her, threatening to post
the images and video if she didn’t have sex with his “friend”. According to the
Commonwealth, he also threatened to rape her if she did not meet with his pal or
if she alerted law enforcement.

Hopefully, it will not shock you too much to learn that there was no such buddy.
It was the Defendant himself who allegedly showed up at the appointment set for
February 28th as said friend. According to the prosecution, he then forced her
to perform a sex act in his car.

For some reason, this took a lot of time to indict. The Defendant was arraigned
in Somerville District Court back in early July and was only indicted yesterday.

Prosecutors are asking anyone who thinks they might also have been victimized by
the Defendant, or they might know someone who was a victim, to call the Computer
Crimes Unit of the North Eastern Massachusetts Law Enforcement Council at
781-396-0893

I will remind you that the Defendant allegedly had naked pictures and video of a
15-year-old on his computer. There may be other such material which they have
found.

In case you are wondering, yes, he has also been charged with the child
pornography.

Attorney Sam’s Take On The Defendants Likely Future

“Sam, you indicated surprise that the case took so long to indict. Is the fact it took so long likely to mean something?”

Continue reading "ANOTHER MASSACHUSETTS TEEN IS VICTIMIZED BY RAPE, EXTORTION AND RAPE THROUGH AN INTERNET SCHEME" »

Dominique Strauss-Kahn, 62, began this week facing a judge in a New York courthouse. He is the head of the International Money Fund, a married father of four and has a reputation that has brought him the nickname of “the great seducer."

He is also, hereinafter, known as the “Defendant”.

The Defendant was taken into custody on Saturday, where he stayed until Monday’s court appearance. During this time, he was identified in a lineup by a complainant.

The complainant is an, as yet, unnamed 32-year-old maid working in the hotel in which the Defendant was staying. She has reported that she entered his hotel room, thinking it was unoccupied. Instead, the Defendant emerged from the bathroom naked. He is said to have chased her down a hallway and pulled her into a bedroom, where he sexually assaulted her. According to the complainant, she tried to fight him off, but the Defendant dragged her into the bathroom, where he forced her to perform oral sex on him and tried to remove her underwear.

Finally, she was able to break away and alerted hotel staff and the authorities. By the time detectives arrived, the Defendant was gone, although he left his cellphone behind.

He was found some hours later and, plucked from first class on a Paris-bound Air France flight that was just about to leave the gate at John F. Kennedy International Airport.

Continue reading "iMF Chief Is Denied Bail In New York Sexual Assault Case" »

The mean streets of the Commonwealth were especially mean this past week and weekend.

A Bedford man was run down and killed during an alleged Burlington drunk driving crash. Further, a resident of a homeless shelter was apparently fatally stabbed near a hospital during a Boston murder. Finally, a man was shot at a Stoughton shooting.

Unfortunately, law enforcement was not on hand to prevent these Massachusetts violent crimes. After all, the police cannot be everywhere!.

However, they were on hand to keep the streets safe in Roxbury to prevent another horrible crime.

Boston police are now crowing about a courageous undercover officer who posed as a prostitute in order to nab five "johns" during a sting in Roxbury.

The intrepid female officer was stationed around Blue Hill Avenue to arouse…testosterone. As men came up to offer money for sex, they found themselves arrested for being part of the Boston sex trade, thus keeping the city streets much safer for us all.

Using the law enforcement's sparse resources in this way makes sense to the powers that be. It somehow fits in perfectly within their frame of logic.

Continue reading "Boston Murder, Human Trafficking, Prostitution…And Logic" »

This past weekend saw a bit of nice weather. What better time to protest Massachusetts sex crimes against women? What better time to march around scantily clad and chastise men who gawk?

In short....what better time for a “Boston Slutwalk”?

You think I am kidding, right? Ol’ Sam’s sarcastic humor has gotten the best of him and he is crossing the line, huh? Well, not at all.

This past weekend, there was a parade of men and women, the later primarily wearing only micro minis and bras. It was called by its participants the “Boston Slutwalk” and it wound its way from Government Center to the Common the marchers, chanting, “However we dress, wherever we go, yes means yes, and no means no,”

People stared, but no one dared to act in the animalistic way one might expect. As the Boston Herald put it, “you don’t mess with 200 “sluts” on a mission.“

Boston’s “Slutwalk” was one of an international series of such things that began earlier this year when a silver-tongued Toronto police officer allegedly told a group of York University law students that the best way to avoid getting raped was to not dress like a slut.

How delicately and tastefully put.

Continue reading "A Boston Rape Attorney Discusses The “Boston Slutwalk”" »

We have discussed it many times before, but the message still is not really out. Take it to heart –tell your friends-put up flyers- there is absolutely a different standard between you and police officers when it comes to telling the truth! They can lie all they want...that is regarded as
“good police work”

You can refuse to talk to them, or, better yet, buy time to talk to an experienced MA criminal defense attorney, but you cannot lie to them. That is called a Massachusetts feloney.

Enter former gym owner Stephen DiTullio (hereinafter, the “Defendant”). This Littleton gentleman was summonsed to a Middlesex County Grand Jury during an ongoing Middlesex County criminal investigation.

The investigation was into allegations of Massachusetts rapes of underage gymnasts by their coach, Steven Infante (hereinafter, the “Sex Offender”). The Sex Offender was found guilty in his own trial on the sex crimes last May.

Continue reading "Littleton Coach Is Sent To Jail For Middlesex County Perjury During Rape Investigation" »

Robert Oliva, 66, won five New York City championships as the coach at Christ the King Regional High School. Mr. Oliva (hereinafter, the “Defendant”) has now returned to Massachusetts. The Defendant has come back to answer charges of Boston sexual assault on children dating to the 1970s.

His answer was “guilty”.

In exchange for the Defendant’s plea, he was sentenced in Suffolk Superior Court to five years of MA probation for to two counts of child rape and one count of disseminating pornography to a minor, during a 1976 trip to Boston with a 14-year-old boy.

The statute of limitations in such matters is 10 years. However, given the state of the law, complainants may file criminal complaints up to the age of 43, sometimes even later.

As a society, we tend to try to make it as easy as possible for children to come forward to report sex crimes when they happen to them. This is a good thing.

Often, however, we stretch the rules to the extent that mere allegations are akin to criminal convictions, even years before there is ever a trial.

This is a very bad thing.

Continue reading "Former Coach Returns To Boston To Plead Guilty To Child Rape " »

Fritz Olmande, 50, hereinafter the “Defendant” ended his week as a convicted Massachusetts sex offender.

The Defendant was found guilty of the repeated Jamaica Plain, MA, rape of a girl over the period of 3 years when she was between 5 and 7 years old.

According to the Commonwealth, the Defendant had access to the girl because he often spent the night at the victim’s home because he was romantically involved with a family member of the victim.

According to the Commonwealth, the Defendant would abuse the girl when she was left in his care. According to the child, the Defendant told her to keep the abuse secret. Apparently, she did so until she saw the Defendant again in 2008. It was then that she told her mother of the abuse.

The Defendant was sentenced to 10 – 12 years.

Attorney Sam’s Take On False Accusations Of MA Child Rape

Accusations of raping or sexually abusing a child are among the most difficult cases to handle for a MA criminal defense attorney. While there are many courses and symposiums about defending such matters, I find that the best teacher is experience.

Continue reading "Hyde Park Massachusetts Man Is Convicted Of Jamaica Plain Child Rape" »

Today’s blog is a reminder. It is a reminder to those of us, in and out of the trenches of criminal justice about reality. We often proclaim that facing a criminal allegation, so long as the accused does not end up spending too many years in jail,is “no harm, no foul”. We figure that simply being accused is no big deal.

That is, until it happens to us.

Let’s look at the case of former Children’s Hospital Boston pediatrician Dr. Melvin D. Levine.

Dr. Levine was a former chief of ambulatory pediatrics at the hospital.

Dr. Levine was a Rhodes scholar and a best-selling author who had appeared on “The Oprah Winfrey Show’’.

Dr. Levine was then accused of molesting “thousands of his pediatric patients”. Never criminally charged...simply accused in a civil law suit.

Dr. Levine was shortly thereafter found dead in the woods near his home in North Carolina. According to authorities, he had shot himself in the forehead with a 12-gauge shotgun.

Before you take the suicide as some kind of admission of guilt, be aware that he not only left behind a suicide note, but also a journal that he had kept. To the end, Dr. Levine insisted that he was innocent.

Continue reading "A Boston Doctor, Accused Of Sex Crimes Against Children, Takes His Own Life– Attorney Sam’s Take" »

It’s stories like this that helps me love what I do for a living; you just never know what is going to happen next! Just when we see debacles like the one surrounding the Parole Board because of a recent police killing, and we see the predictable scurrying about by prosecutorial politicians to make sure that they cannot be splattered with blame, the Supreme Judicial Court takes the opposite tact. They look to uphold people’s rights...despite the likely public outcry.

Specifically, the court dealt with the case of Malcolm S. Maker, a 52-year-old convicted sex offender (hereinafter, the “Appellant” ). The Appellant had been convicted for failing to register his address with the Boston police department within two days of his release from jail, as required by the state Sex Offender Registry Board (SORB).

That is, until now.

The SJC now says that said rule is beyond SORB’s authority.

Apparently, the Appellant is not the most sympathetic of individuals. He has been designated a Level 3 sex offender, which is the type said to be most likely to reoffend. His history of convictions include various allegations of open and gross lewdness and lascivious behavior.

Then, in 2009, he was charged with failing to notify the police after he was released from jail that he would be living in a Boston homeless shelter. He was convicted and sentenced to two years in jail.

Then came the appeal.

Continue reading "Appeal To SJC Successful As Court Overturns Failure To Register Conviction For Boston Serial Sex Offender – Attorney Sam’s Take" »

While it is true that the duties of a good coach exist both on the field and off, North Andover 60-year-old high school wrestling coach David Castricone (hereinafter, the “Defendant”) has learned that they do not extend to the locker room.

The locker room of the opposite sex, at least.

That’s how suspicion apparently began in the Defendant’s case. He has been One of the most successful high school wrestling coaches in Massachusetts. The only thing is, there were questions about him. For example, why was he constantly being found in the girl’s locker room?

Police say that information was received last week that prompted a search of the Defendant’s home. According to court documents, the Defendant "got nervous" as police searched his attic. He then told his daughter to leave the kitchen.

Continue reading "North Andover Coach Is Arrested For Child Pornography And May Be Defeated By Search And Seizure Trap – Attorney Sam’s Take" »

Here’s one for the sex trade! In the past, we have discussed many times the various, and in my opinion, faulty rationales for keeping prostitution illegal. One of those rationales has been that prostitutes are, per se, victims. They are exploited and forced to perform sex acts for money. The thought seems to have been that being a prostitute is definitional of losing one’s will and performing the evil deeds by force.

Well, the Massachusetts Appeals Court has ruled against this equation. It has thrown out the convictions of a pimp and a madam (hereinafter, the “Defendants”), ruling that the couple did not lure a homeless and drug-addicted teenager into prostitution because the 16-year-old runaway had sold her body for money in the past.

The court did, however, let stand the Defendants’ convictions for deriving support from prostitution and contributing to the delinquency of a minor.

The allegations in the case were that the Defendants drove the teen to the hotel where she met an undercover detective and agreed to engage in sex for $280, according to court records. Using a ruse, the officer convinced the teen to leave the hotel before any sexual acts occurred. The teen then apparently handed the cash the Defendants, who were waiting in the hotel parking lot

The court found, “We think that the language of the statute is plain and unambiguous and that it clearly expresses the Legislature's intent to penalize a person for inducing a minor, who is not then so engaged, to engage in the commercial enterprise of prostitution by offering for hire his or her body for indiscriminate sexual activity’’.

As a Boston sex crimes criminal defense attorney for over twenty years, not to mention previous years as a prosecutor, I have been involved in a number of cases involving prostitution.

Continue reading "Boston’s Appeals Court Overturns Sex Crime Conviction In Prostitution Case Involving A Juvenile- Attorney Sam’s Take " »

Today, as we “hunker down” and “enjoy” the last blizzard of the year, we continue the discussion about recent Massachusetts sentences that were recently handed down to fairly unusual criminal defendants during this holiday season. Today’s matter involves a meeting of sexual assault and prostitution.

James M. Burke, 43, of Chelsea (hereinafter, the “Defendant”) was a criminal court clerk magistrate in Chelsea District Court. Apparently, he had an interesting thing going with a couple of criminal defendants in court. These particular defendants had been arrested for prostitution.

According to one of the complainants, the Defendant removed her from her cell in the courthouse in 2005. He then led her to a room, locked the door, and promised to get her case dismissed in exchange for oral sex. After she fulfilled her part of the deal, the case was not dismissed.

The second victim testified that the Defendant stalked her after her arrest on a prostitution charge, then sexually assaulted her when she was at the courthouse last year. She claimed during the trial in federal court that she was forced into a downstairs room, where he sat on her during the assault and threatened to keep her in jail if she did not comply with him.

“I absolutely did not consent to this action,’’ she told the judge . “The brutality of it was shocking to me. Even though I had worked on the streets on occasion, nothing compared to the humiliation and powerlessness that I felt.’’

Continue reading "Attorney Sam’s Take: Massachusetts Criminal Court Is The Scene Of Unusual Sexual Assault For Which Clerk is Sentenced (Pt 2)" »

The Norfolk district attorney’s office says that Brighton resident Joseph Arita and Waltham local Ismael Martinez are serving 20 – 25 years in prison for the 2009 Brookline rape and kidnapping of a 30-year-old woman. Arita, 26, and Martinez, 27, each pleaded guilty earlier this month to one count of Massachusetts kidnapping involving a sexual assault, two counts of aggravated rape, and other assault and battery charges.

The woman, a Brookline resident, told the authorities that while walking to her home after taking a cab from Logan International Airport on Aug. 18, 2009, she was struck on the head by one man, who then pulled her into the back seat of a red pickup truck that another man was driving. The two men then drove her to a parking lot and assaulted her before taking her to another location and freeing her.

She reported the incident to Brookline police. DNA evidence matched the woman with Martinez and Arita. The Norfolk district attorney’s office had sought to obtain 35-to-40 year prison terms plus 20 years probation for the two men.

Massachusetts Criminal Defense
The state of Massachusetts treats the criminal charges of rape and kidnapping very seriously and prosecutors will zealously pursue defendants. For example, a Massachusetts aggravated rape conviction can result in a life prison term.

It is important for you to have a Boston criminal defense law firm that can protect your rights, ensure that all laws and proper procedures were followed leading up to your arrest, and explore all avenues of defense to secure the best outcome possible for your case.

Brookline rape, kidnap suspects plead guilty to 2009 attack on woman, WickedLocal, December 16, 2010

2d suspect held in Brookline rape case, Boston.com, August 23, 2009

One Of Two Suspects Arrested In Brookline Rape Case, Boston Criminal Lawyer Blog, August 20, 2009

Related Web Resources:
Norfolk district attorney’s office

General Laws, Massachusetts Legislature

Continue reading "Two Massachusetts Men Plead Guilty to 2009 Brookline Rape and Kidnapping " »

Sometimes it seems that the criminal justice system uses the intellectual equivalent of a bazooka to tackle an issue as logically mind-bending as kindergarten mathematics. Boston’s Supreme Judicial Court, normally needed to referee issues surrounding Massachusetts Murder, Robbery or search and seizure issues has now been called upon in one of these instances.

The matter involves Mr. John Canadyan Jr. (hereinafter, the “Probationer”). The Probationer is a convicted sex offender. After pleading guilty to two counts of indecent assault and battery on a child under 14, he was sentenced to 18 months in jail. He also received a term of probation and had to register as a Massachusetts sex offender on the appropriate registry.

The Probationer also happens to be homeless.

Now, as we have discussed in the past, being on probation is not a picnic. Generally, when a probation officer tells a probationer to “Jump!”, it is the probationer’s obligation to merely ask, “How high?”

There are, however limits.

Continue reading "Attorney Sam’s Take: Boston’s Highest Court Rules On Sex Offender’s Probation Violation" »

Lisa Lavoie, an ex-Holyoke elementary school teacher, has pleaded guilty to Massachusetts statutory rape and enticing a child. The 25-year-old woman is accused of running off with a 15-year-old eighth grader. Lavoie, who has been released until her sentencing next month, is not allowed to contact the teenager. Police discovered Lavoie and the teenager in a hotel room last year after the two of them had gone missing for about a week.

The boy, who was at the hearing in Hampden Superior Court on Wednesday, submitted a statement asking for leniency for Lavoie. While the prosecutor says he is seeking a 3- to 5- year prison sentence, Lavoie’s Massachusetts criminal defense lawyer wants probation. He says that his client pled guilty so that the teen wouldn’t have to testify.

Massachusetts Statutory Rape
Allegations of Massachusetts rape—especially those involving the alleged rape by a legal adult of someone under the age of 18—can be tough to combat without experienced legal help.The punishments and penalties can negatively impact a defendant for life. The statutory rape law involving child victims under the age of 16 can be punishable with a maximum sentence of life in prison.

Conviction for a Massachusetts sexual crime will cause your name to be permanently placed on the Massachusetts Sex Offender Registry Board. Regardless of the specifics of your Boston sex crimes case, having your name on this registry can negatively affect your personal and professional life.

Ex-Mass. teacher pleads guilty to statutory rape, Boston.com, December 15, 2010

Holyoke teacher Lisa Lavoie behind bars on statutory rape, other charges, MassLive, February 24, 2009

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

Massachusetts Sex Offender Registry Board

Continue reading "Former Teacher Pleads Guilty to Massachusetts Statutory Rape of 15-Year-Old" »

Last Friday, I told you that I was originally going to blog about a Massachusetts sex offender who had gotten arrested for urinating at an MBTA stop. If you are unaware of the gentleman’s story, you can read about it here as reported by our news-blogger. It may have made you wonder about what passes for logic amongst Massachusetts sex offenders.

Well, now comes a story that would indicate that it is right there with other deep thinkers in the rest of the country.

This story comes to us from Whitefish Bay, Wisconsin.

People care about each other in Whitefish. Even federal employees, who sometimes get a bad rap for being anti-social, for example postal workers, care. Further, sometimes such people are not thought to have a sense of humor. Well, this is not true in Whitefish.

Enter a certain 52-uear-old postal carrier (hereinafter, the Defendant”). He was concerned about a 21-year-old woman whom he sees on his regular rounds. You see, she apparently had been seeming “stressed out”. Naturally, the Defendant wanted to relax her and cheer her up.

Now, what could be more natural than that?

Continue reading "Attorney Sam’s Take: Would A Naked Postal Employee Have To Register As A Sex Offender In Massachusetts?" »

This year to date, MBTA Transit Police have made 35 arrests for open and gross lewdness on the T and buses, marking an 84 percent increase in such arrests since 2009. However, this statistic may be attributable to an increase in such incidents being reported. Around this time last year, there were 28 reports as compared with the 48 so far this year. The latest arrest involved Donnie McLean, a 48-year-old Level 3 sex offender, who allegedly exposed himself to a female on a Route 28 bus. McLean had previously been convicted of open and gross lewdness on two occasions.

In addition to the arrests for open and gross lewdness, MBTA police have made more than 20 arrests this year for indecent assault and battery. Most recently, in November, two men were arrested in connection with separate incidents of alleged MBTA groping.

Sources:
The Boston Globe, More arrests for lewd conduct—and more incidents reported-- on MBTA

MBTA.com, Indecent Assault and Battery Arrests

Open and gross lewdness and lascivious behavior involves the intentional exposure of the buttocks, genitals or female breasts to another person or to multiple persons. If the exposure is accidental, then one cannot be convicted of this offense. Especially given certain fashion trends, such as males wearing saggy jeans or females wearing strapless tops and dresses, it is often possible that such exposure is nothing more than an embarrassing accident.

Indecent assault and battery also requires an intent element. To be convicted of indecent assault and battery, there must have been some intentional touching of a private area without excuse or justification. The T and MBTA buses are almost always extremely crowded, and there is usually little to no personal space. It can be very difficult to avoid accidentally touching or brushing up against fellow passengers, and again, a potentially strong defense to an MBTA indecent assault and battery charge would be that the touching was not intentional.

Continue reading "MBTA Arrests for Open and Gross Lewdness on the Rise" »