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.

ANOTHER MASSACHUSETTS TEEN IS VICTIMIZED BY RAPE, EXTORTION AND RAPE THROUGH AN INTERNET SCHEME

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?”


It’s hard to tell. Sometimes such a delay is due to reluctance of a complainant
to testify. Sometimes, however, it can just be because of a prosecutors
schedule. In this case, I would guess that it had to do with the criminal
investigation
that was probably ongoing at the time he was arrested.

“is it really rape if she willingly performed the sex act…even though it was
because of the blackmail?”

Regardless of any arguments about force, it is rape. The girl was under the
legal age of consent. This is why the photos and videos on his computer are
child pornography.

If convicted, the Defendant faces state prison time, probably in the high
numbers. We do not know if he has a prior criminal record, but at his age he is
just starting out. Unless he is victorious against all the charges, he is
looking at a pretty dismal future…at least for awhile.

One does not need to be a longtime Boston criminal lawyer to realize that this young man desperately needs a very experienced and talented criminal defense
attorney !

“why? I mean is it even possible to defend against these charges?”

Always. However, it would be helpful to know more about this matter. For
example, when was law enforcement notified? Were DNA tests performed? What was
found on the Defendants hard drive and how was it tested?

“Also the complainants history, right?”

Actually, probably not. You would be surprised how the rules of criminal
procedure and evidence can prevent the discovery and use of such things.

No, this is no easy uphill battle the Defendant is looking at. The right
attorney can make all the difference. He and his family had best think
carefully. A lifetime may well be at stake!

In order to find the original article upon which this blog is based, please go
to http://www.boston.com/Boston/metrodesk/2011/10/tewksbury-man-indicted-child-rape-investigators-seek-other-possible-victims/dF2GW5GWSwBrfgBOHuleKM/index.html

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