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.

Ex-Salem Resident Convicted of Attempted Boston Rape of Woman in Massachusetts General Hospital Bathroom

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
Boston Sexual Crimes
You must have a Boston rape crimes attorney who will fight for your rights and secure the best outcome for your case. There may be reasons why the Massachusetts sexual crimes charge against you should be dismissed or reduced or why you should receive the lowest sentence possible for your conviction.

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