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.

MARLBOROUGH AND EASTON MEN FACE CRIMINAL CHARGES FOR SEXUAL ASSAULTS ON CHILDREN

Massachusetts sexual assault matters involving children seem to be a constant these days.

On Friday, Daniel Correia, 39, (hereinafter, the “Defendant”) of Marlborough was found guilty in Middlesex Superior Court in Woburn. He was convicted of aggravated rape of a child and two charges of contributing to the delinquency of a minor, Middlesex District Attorney Marian Ryan said. Judge Douglas Wilkins sentenced him to a sentence of 10 to 12 years in prison, to be followed by five years of probation, according to a statement from Ryan’s office. The statement added that for the first three years of his probation, the Defendant must wear a GPS-monitoring device. He also must not have any contact with the Commonwealth’s witnesses or any unsupervised contact with anyone under 16 years of age. He is also required to complete a sex offender evaluation and treatment while complying with the regulations of the state’s Sex Offender Registry Board.

The Defendant’s charges go back to February 17, 2011. According to the prosecution, the Defendant gave a 14-year-old boy vodka while he and a few friends were hanging out at the Defendant’s apartment. The pair are said to have discussed their age differences and, despite said difference, the Defendant allegedly engaged in sex with the boy.

The next evening, according to law enforcement, the Defendant a gave the boy vodka again at his apartment. Apparently, it was that evening that the boy told his mother and a friend about the incident.

“This defendant gave a 14-year-old alcohol and then took advantage of him sexually,” Ryan said in the statement. “His actions were purposeful and deliberate and evidenced a total disregard for a vulnerable young person. It can be extremely difficult to disclose abuse and I commend the victim’s willingness to tell authorities and a jury what happened.”

The statement added that for the first three years of his probation, the Defendant must wear a GPS-monitoring device. He also must not have any contact with the Commonwealth’s witnesses or any unsupervised contact with anyone under 16 years of age. He is also required to complete a sex offender evaluation and treatment while complying with the regulations of the state’s Sex Offender Registry Board.

As the Defendant’s case was winding up, another one was just starting.

Christopher Biggins, 30, of Easton, has now found himself arrested and charged with statutory rape of a child, enticing a child under the age of 16, and distribution of a counterfeit drug after he allegedly agreed to meet with a minor to exchange the drug Molly for sexual favors, police said.

The police say they have been investigating this gentleman for two-months.

Attorney Sam’s Take On Statutory Rape And Its Exceptions

There are none. Exceptions, I mean.

The law says that children, male or female, cannot consent to sexual activity. Period.

Of course, plying them with liquor does not exactly make the Defendant look particularly sympathetic either.

As you know, there are exceptions for almost every law that we discuss. There are none in this type of case. It is simply the question of numbers. The child can be extra-bright, look older than his/her age, the aggressor or whatever. It does not matter.

The Defendant’s sentence is not unusual for such cases, particularly in terms of the probation conditions.

To read the original story upon this blog is based, please go to http://www.boston.com/metrodesk/2013/11/09/marlborough-man-convicted-raping-child/yfZF2DLplk4Pd9JyQgQe0N/story.html#sthash.vfhRErcs.dpuf

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