The unimaginable has happened: you have been accused of a sex crime in Massachusetts and don’t know where to turn. You may be feeling shame, embarrassment, anger, and helplessness. The consequences of merely being accused of sexual misconduct are devastating. A conviction of a sex crime is something that will stay with you the rest of your life. It could impact your job, reputation, and family. Your future rests on competent and experienced legal representation.
You need a Massachusetts criminal defense lawyer that is zealous, experienced, and results-focused advocates for their clients. Taking a holistic approach to criminal defense, our team is ready to be your first and last call. If you or your loved one were arrested and charged with a sex offense, we are here to help.
Understanding Sex Crimes in Massachusetts
Being accused of any sex crime is a very serious allegation in Massachusetts and shouldn’t be taken lightly. Sex crimes in Massachusetts encompass a range of offenses, each falling into distinct categories. These categories help to differentiate between different types of charges and provide a framework for understanding the complexities of sex crime laws in the state.
One category involves rape and indecent assault and battery. Rape involves non-consensual sexual intercourse, while indecent assault and battery encompasses unwanted sexual contact of an indecent nature. Another category relates to sexual exposure and surveillance. These charges involve acts of exposing oneself in a lewd manner, engaging in indecent acts, secretly recording or observing others engaged in sexual activities without their consent, or the possession and distribution of explicit material involving children. Additionally, there is a category of other miscellaneous misconduct.
It is crucial to recognize the severity of Massachusetts sex crimes. Convictions can lead to significant penalties, including imprisonment, fines, probation, mandatory sex offender registration, and long-lasting consequences in personal and professional life.
By understanding the various categories of sex crimes and seeking professional legal counsel, individuals can navigate the legal process more effectively and strive for a fair resolution in accordance with Massachusetts law.
For a free legal consultation with a Criminal Defense lawyer serving Massachusetts, call (781) 740-0800
Common Massachusetts Sex Crime Charges
- Rape
- Rape of Child, Under 16
- Statutory Rape
- Assault with Intent to Commit Rape
- Drugging Person for Intercourse
- Indecent Assault and Battery
Sexual Exposure and Surveillance
- Lewd and Lascivious Conduct
- Indecent Exposure
- Open and Gross Lewdness
- Secret Sexual Surveillance
- Posing a Child for Sexual Photographs
- Disseminating Child Pornography
- Possession of Child Pornography
Other Misconduct
- Failure to Register as a Sex Offender
- Sexual Contact with Animals
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Sex Crimes Legal Defenses
Consent
This is the most common defense. The defendant admits that the sexual intercourse/act occurred, but the alleged victim had knowledge and gave permission to engage in the act. An experienced attorney can help build a case by showing the presence of consent.
Lack of Evidence
The prosecution has to prove all elements of the crime beyond a reasonable doubt. If the prosecution cannot prove one element, then the case should be dismissed for lack of evidence.
False Accusations
Unfortunately, people do lie and falsely accuse someone of committing a crime. There could be many reasons. That is why it is very important to be thorough in the investigation.
Lack of Intent
Some sex crimes require specific elements related to intent. Massachusetts law gives the word “intentional” its ordinary meaning of acting voluntarily and deliberately as opposed to accident or negligence. Proving the defendant lacked intent could be used as a defense.
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Sex Crime Criminal Defense FAQs
What is The Age of Consent in Massachusetts?
The age of consent is the age a person must be to engage in sexual contact with an adult willingly. In Massachusetts, the age of consent is 16 years old. It is a crime to engage in sex acts with anyone under 16 years old, even if the defendant is also under 16.
What Evidence is Required in a Sex Crime Case?
There are a lot of different kinds of evidence that can be used in a sex crime case. One type of evidence is testimonial- which sometimes can be the only evidence submitted by the prosecutors. The other is physical evidence. That can be DNA, rape kit results, weapons, etc. The Commonwealth will gather as much evidence as needed to prove all elements of the crime beyond a reasonable doubt.
Can I be Arrested for a Sex Crime Without Physical Evidence?
For felony offenses, police may conduct a warrantless arrest based solely on the victim’s complaint.
How Long Do Sex Crimes Stay on My Record?
A conviction will stay on your record forever. However, 15 years after the date of the conviction you can apply to have your record sealed. If the defendant is required to register as a sex offender, the record cannot be sealed.
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Thorough Approach to Sex Crime Defense
At Nate Amendola Defense, we understand the significance of protecting your rights and representing your best interests. Our firm provides proactive and all-inclusive representation in sex crime cases. We know that bad things sometimes happen to good people and they find themselves with serious legal problems. Among other things, our Massachusetts sex crime defense lawyers are prepared to dive deep into:
- Case evaluation;
- Investigation and evidence analysis;
- Strategic defense planning,
- Expert witness collaboration;
- Vigorous cross-examination; and
- Trial advocacy
Contact Us for Expert Defense in Sex Crime Cases
If you’re facing charges related to a sex crime, you want an experienced legal team by your side to seek justice and protect your reputation. At Nate Amendola Defense, we understand the seriousness and sensitive nature of sex crime cases. Our skilled team of attorneys and team has extensive experience in defending clients against a wide range of sex crime allegations. Contact our office now to discuss your situation and benefit from our sex crime defense lawyers in Massachusetts.
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