Sexual assault and rape prosecutions in Massachusetts involve some of the most serious allegations and consequences envisioned by the criminal code. Because the facts of a sexual assault case are often based upon the credibility of both the victim and the defendant, evidence that discredits a victim can be highly beneficial to a defendant in such cases. The Massachusetts Supreme Court recently affirmed a defendant’s rape conviction, in spite of the defense’s objections to the exclusion of relevant evidence from the trial which placed the credibility of the victim at issue. The Rape Shield Stat ..read more

In a recent Massachusetts appellate court opinion regarding an appeal claiming insufficient evidence to support the conviction, the court upheld the trial court decision, affirming the conviction. At trial, the defendant and the co-defendant were convicted on various charges arising from the operation of a series of brothels in North Reading, Quincy, Boston, and Cambridge. On appeal, the defendant contends that the evidence was insufficient to support his convictions and that the information provided in support of a search warrant application was inadequate to establish a nexus between the al ..read more

Recently, a court of appeals in Massachusetts had to decide whether it agreed with a criminal defendant’s argument that he had been deprived of effective assistance of counsel during his trial. Originally, the defendant was charged with assault and battery on a child under the age of fourteen. A trial court found him guilty, and he promptly appealed the verdict. Facts of the Case According to the opinion, investigators in this case became suspicious that the defendant had been improperly communicating with and potentially abusing minors. The victim had written in her diary about incidents of s ..read more

In a recent case coming out of a Massachusetts court, the defendant lost his appeal challenging convictions of two counts of rape. The defendant’s argument centered around the jury selection process prior to his trial; according to the defendant, several of the jurors were too biased to be fair and impartial deciders in his case. The court of appeals disagreed and affirmed the defendant’s original convictions. Facts of the Case According to the opinion, the defendant was charged with rape after his DNA was found to match with semen that had been recovered from a victim in 2009. Between 2009 an ..read more

In a recent case coming out of a Massachusetts court, the defendant was found guilty of failing to register as a sex offender. Originally, the judge in the defendant’s case proposed a sentence of one to two years in prison; however, in response to this proposal, the higher court in Massachusetts issued an opinion stating that the mandatory minimum sentence for defendants convicted of this crime is five years in prison. Facts of the Case According to the opinion, the defendant in this case was convicted of rape in 2008. As a result, he was required to register as a sex offender in the Commonwea ..read more

Recently, a state appellate court issued an opinion affirming a lower court’s decision not to reduce a defendant’s bail as he awaits trial for several Massachusetts sex offenses, including indecent assault and battery on a person age fourteen or older. The case highlights the challenges many defendants face—even during the COVID-19 pandemic—when trying to secure pretrial release. Under state and federal law, courts must only consider certain factors when setting a defendant’s bail. In general, bail should not be a punishment to keep someone incarcerated while they await trial. Instead, bail sh ..read more

Under Massachusetts’ law, individuals convicted of sex offenses may need to provide identifying information to a state reporting agency, commonly referred to as the “sex offender registry.” Lawmakers maintain that the Massachusetts Sex Offender Registry assists their agency with identifying sex offenders and reducing the likelihood of recidivism. After conviction and during sentencing, these individuals will receive a classification level, depending on their crime, dangerousness, and likelihood of re-offense. The most common crimes requiring sex offender registration are battery, rape, indecen ..read more

The Massachusetts Supreme Judicial Court recently issued an opinion in a defendant’s appeal regarding a violation of probation case. According to the court’s opinion, in 2015, the defendant pleaded guilty to battery on a child under fourteen, indecent assault, and child pornography possession. A judge sentenced the defendant to five years of probation. Under the terms of the probation, the defendant was registered as a level three sex offender under the Sexual Offender Registry Board (SORB), his location was to be monitored by GPS, he was prohibited from having contact with the victim, and he ..read more

Jury selection in a Massachusetts criminal trial is a critical stage in any case. Because a defendant cannot be convicted unless a jury must unanimously find that a defendant was guilty of the crime charged, both prosecution and defense put a significant amount of effort into selecting jurors through a process called “voir dire.” The voir dire process is guided largely by the judge overseeing the case. Generally, each side presents questions that they would like to ask potential jurors. The judge can approve or disapprove of specific questions, and may alter the phrasing on certain questions ..read more

One of the most significant and burdensome collateral consequences of a Massachusetts sex offense conviction is the mandatory reporting requirement. After a conviction for a qualifying offense, the Sex Offender Registration Board (SORB), will classify the defendant as either “low,” “moderate,” or “high” risk, each carrying a different set of registration and reporting obligations. Recently, a state appellate court reviewed one man’s challenge to the SORB’s classification that he was a level two, moderate risk offender. According to the court’s opinion, in 2015, the man was convicted of two cou ..read more