Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Two Massachusetts College Students Could Face Misdemeanor Charge for Videotaping Womens’ Sexual Encounter

Court officials in Boston say that they are waiting for the results of a Wentworth Institute of Technology investigation to determine whether to file criminal charges against two of its students, who are accused of videotaping two women having a sexual encounter in a nearby Massachusetts College of Art and Design dorm.

The video was posted on a Wentworth network site and was viewed by many people, including students from other schools. Court clerks will usually wait to file a criminal complaint against college students with no prior criminal record when they are being investigated for misdemeanor crimes, such as underage drinking, at universities.

Emily Niland and Rosanne Strott, the women in the video say they felt violated when they found out several months later that the video existed. Strott, who has seen the video, says that the voices of men can be overheard on the video chanting antigay statements and talking about her body.

Wentworth students David Siemiesz and David Cunha allegedly recorded the videotape. Siemiesz says that he and Cunha did not intend for the video to go online and they didn’t realize the severity of their actions. About 10 men had watched the two women from a Wentworth dorm room. Siemiesz says he told someone to get a camera even though he felt anxious about his actions. He says he doesn’t know who posted the tape on the site.

Boston police say the two men could face a misdemeanor charge of videotaping a nude or partially nude person without consent. If convicted, Siemiesz and Cunha could spend up to 2 ½ years in a county correction house. Cunha and Siemiesz were not charged with distributing the tape because the site they posted the video on is a file sharing network that only Wentworth students can access.

Peeping Tom video lands two students in district court, Boston.com, June 12, 2008
Women taped secretly in dorm room, UPI.com, June 13, 2008

Related Web Resource:

Surviving a Misdemeanor Charge (in College), Arizona.edu
In cities throughout Massachusetts, our Boston criminal defense law firm offers aggressive and strategic defenses to clients that have been accused of committing misdemeanor or felony crimes, so contact us today. Contact Altman & Altman LLP today.

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