Articles Posted in Sexual Crimes

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A Middlesex Superior Court Grand Jury indicted Roger Lau and Thomas Heinz, both 26, on child rape charges yesterday. They are accused of raping the same girl.

Prosecutors say that both men assaulted a girl from the under-14 Medford girls soccer league that they were coaching. The alleged Massachusetts sexual assault crimes began taking place in 2003 and the last incident is said to have occurred during the summer of 2004.

The alleged victim, who was then 13 to 14 years of age, told police that she and Lau were sexually involved with each other for over a year. She claims that Heinz sexually assaulted her twice.

Lau was indicted on four counts of child rape by force and Heinz was indicted on one count of child rape by force. Both men have pleaded not guilty to the charges.

The two men were arrested last December. They are on pre-trial release and have been ordered not to have contact with children under age 16 unless these interactions are supervised. They also cannot coach or officiate any activities involving kids younger than 16.

Massachusetts Rape Charges
Allegations of rape are very serious-especially if the alleged victim is younger than 16. The state of Massachusetts does not consider an adult having sex with someone younger than 16 to ever be a consensual act and criminal charges can be filed against the adult. Punishments may be even more serious when violence or abuse is involved.

You have the right to an experienced Boston sex crimes lawyer who can defend you against all charges and protect your rights. Even if you are not guilty of committing any crime, your life can be irrevocably altered when you are accuse of rape.

Former Medford soccer coaches indicted on rape charges, Boston.com, February 5, 2010
Roger Lau, Thomas Heinz Accused Of Teen Soccer Child Rape, Huffington Post, December 22, 2009

Related Web Resource:
Massachusetts Law About Sex
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A 41-year-old man who has been on Lynn authorities’ 10 Most Wanted List for allegedly trying to rape a 13-year-old girl a decade ago has pleaded not guilty to charges of indecent assault and battery on a child under age 14 and assault with intent to rape a child. Victor Cruz was apprehended in October 2009 for the 2000 Massachusetts sex crime. His arraignment was on Wednesday. His bail is $1 million.

Cruz is accused of trying to have sex with his live-in girlfriend’s daughter. The alleged victim was 13 at the time. The girl’s mother told him to leave their home following the allegations. He left the country and lived in the Dominican Republic for more than nine years.

However, federal authorities found him and made him return to the US last year so he could be charged with the alleged sex crime. Cruz’s Massachusetts criminal defense lawyer is disputing the girl’s account of what happened. He says there is no forensic evidence and the alleged victim’s accounts of what happened have not been consistent.

If convicted of indecent assault and battery, Cruz could be sentenced to up to 10 years in state prison. A conviction for the attempted rape assault charge could land him in prison for up to 20 years.

Assault with intent to rape a child
Under Massachusetts General Laws Chapter 265 Section 24, assault with intent to rape a child is a serious offense. The prosecutor must prove that the defendant committed an assault that made the alleged victim subject to battery regardless of whether or not the physical harm was actual or intentional.

Indecent assault and battery on a child under age 14
Under Massachusetts General Laws Chapter 265 Section 13B, the prosecution must prove beyond a reasonable doubt that the alleged victim was in fact under age 14, the defendant purposefully made actual physical contact with a victim’s private part(s), and the contact was indecent, offensive or harmful, and unjustified.

Bail set at $1M for Lynn ‘Most Wanted’ rape attempt suspect, TheDailyItemofLynn, January 14, 2010

Related Web Resources:
Massachusetts General Laws

Massachusetts Law about Sex
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The game of politics is afoot again in the Boston area! This means that, as the race for the late Senator Kennedy’s seat comes to the wire, it is time for whatever mud can be thrown upon one’s opponent . Often, the accusations involve the criminal justice system. That’s where I come in. Today we look at accusations involving a 2005 rape case and Attorney General Martha Coakley.

In October, 2005, 31 year-old Somerville Police Officer Keith W. (hereinafter, the “Defendant”) was said to have raped his 23-month-old niece with a hot object, most likely a curling iron. The case was presented to a Middlesex grand jury which was overseen by Coakley. That grand jury did not take action against the Defendant. Thereafter, the child’s mother filed applications for criminal complaints in the case and it was then that the grand jury indicted the Defendant.

When the Defendant was before the court, the prosecution recommended that the Defendant not be held on bail, but released on personal recognizance. He remained free until December 2007, when he was found guilty.

Now, political opponents, both old and new, are taking the pulpit to decry Coakley’s handling of the case and making the typical cry of “too soft on crime”.
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Okay, here is the unfortunate truth of the matter – safeguarding Constitutional rights does not always bring happy results. Sometimes the cost is tragic. Most of the professionals involved in the criminal justice understand that. Massachusetts Kingston Police Chief Joseph Rebello is not one of those professionals apparently. I am guessing he is not a big fan of criminal defense attorneys either.

Nor is he likely to enjoy today’s blog.

The man at the heart of the story is Joseph G., a 26 year-old construction worker, of Kingston (hereinafter, the “Defendant”). He was arraigned last week on charges that he sexually assaulted a girlfriend’s 3-year-old daughter in Kingston. It was his second such charge. In fact, he had been charged this summer with raping another child.

The most recent matter came into being while the Defendant was free on bail.
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Dear readers,

As you may have noticed, this daily criminal law blog has been rather sparse this week. this has been due to a conspiracy between court dates and internet failures. However, the Bostoncriminallawyerblog will return in full swing on Monday. Here in Boston, we take these things seriously, as do I.

On Monday, we start with a story of rape, a two-time defendant and A police chief against the right to bail.

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A jury has found Michael D. Holden, a former Greater New Bedford Regional Vocational-Technical High School teacher, not guilty of two counts of forcible rape of a child. The alleged victim, who is now 20-years-old, had accused Holden of driving her to a parking lot, and, while in his SUV, forcing her to have sex and perform oral sex on him in 2004.

In January 2005, the school fired Holden after 14 years of employment. He also coached the boys volleyball team.

Holden’s criminal defense lawyer had accused the alleged victim of making up the allegations because the former teacher failed her for school work, recommended that the school suspend her, and admonished her several times for not dressing appropriately and being disruptive during class.

Following the announcement of the jury verdict, Holden expressed relief that he was exonerated.

Forcible Rape of a Child
In Massachusetts, a conviction of forcible rape of a child can lead to a lifelong prison sentence. This is considered a serious sexual offense and a violent crime. If you are under investigation for this crime, it is important that you consult with a Boston criminal defense lawyer right away.

Even as a suspect in a Massachusetts rape case, your reputation, career, and personal life can be thrown into turmoil. It is important that you have a legal team that knows how to provide you with the best defense.

Former teacher not guilty in rape case, SouthCoastToday, December 15, 2009
Ex-Teacher Not Guilty Of Child Rape, The Boston Channel, December 15, 2009

Related Web Resource:
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries Continue reading

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“Look, you seem like a good kid. Boston needs more people out there like you…productive citizens. I have no interest in jamming you up. Just tell me your side of things and I will talk to the District Attorney and see what we can work out.”

You would be surprised how comforting those words seem when coming from the police officer who has you in the little room at the local police station talking about that nasty-sounding murder that everyone is upset about. You may be even more surprised at how many people leap to those words as if from a burning building to tell their “side of things.”

The next time they see that “side”, it is often almost unrecognizable as it reflects from the pages of a police report. Yep, the prosecution went through anyway. Who knew?

As most daily readers of this blog know, there is no law that says you must talk to the police when they come to question you. Quite the contrary. You have a Constitutional right not to talk to them. You have a right to ask for an attorney to be present as well.

“Well, Sam, if I say I do not want to talk to them, or ask for an attorney, aren’t I basically confessing that I have something to hide?”
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A couple has been arrested for allegedly owning and operating a prostitution parlor in Tyngsboro. Yuanchun Pi, 60, and Charles Stewart, 66, each face one count of maintaining a house of prostitution. Pi also is charged with one count of engaging in sexual conduct for a fee.

The couple owned and ran Tyngs Tarry Massage Therapy until it was shut down last week. The Massachusetts town of Tyngsborough issued the cease-and-desist order after an anonymous tipster notified police that “illegal” activities” were taking place in the building. Another woman, Yin Hang, was also arrested and charged with sexual conduct for a fee.

Hang, Pi, and Stewart are to be arraigned at Lowell District Court.

Online ads for the business offered massages for $70/hour and $50/half hour. Owners touted the massage salon as a “clean and relaxing” for clients to bring their “stress and pain.”

Engaging in Sexual Conduct for a Fee
In Massachusetts, even if any sexual conduct did not occur, a person can still be charged for sexual conduct for a fee if an offer or agreement was made. The defendant can be the person accused of offering the sexual favors in exchange for money or the one who allegedly agreed to pay for the sexual favors. Either way, it is important that a person charged with a Massachusetts sex crime speak with an experienced Boston criminal defense law firm that knows how to successfully represent clients charged with prostitution.

A person convicted of engaging in sexual conduct for a fee can be ordered to spend up to a year behind bars. If the defendant is convicted of agreeing to pay, offering to pay, or paying to have sexual conduct with a child under age 14, he or she may be sentenced to up to 10 years in prison.

Police say Tyngsboro massage shop sold sex; three face charges, Lowell Sun, December 3, 2009
2 Charged With Running House Of Prostitution, WMUR9, December 3, 2009

Related Web Resource:
Chapter 272: Section 53A. Engaging in sexual conduct for a fee; engaging in sexual conduct with child under age 14 for a fee; penalties, Massachusetts General Laws Continue reading

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A former Westboro middle school gym teacher and girls basketball coach is facing up to 10 years in prison after pleading guilty to one Massachusetts possession of pornography criminal charge. Brian Rossi, 37, was arrested last February after images of kids taking part in sexually explicit activities were discovered in his home during a search. Rossi’s sentencing is scheduled for February.

Arresting officers say Rossi threatened to commit suicide. He was given a psychiatric evaluation at St. Vincent Hospital and then placed under home confinement, where he has been taking medication to treat his depression and anxiety. He is also undergoing therapy.

Rossi’s Massachusetts criminal defense lawyer has asked the judge to let Rossi stay confined at home until he is sentenced so he can continue getting treatment. Rossi has admitted to owning the child pornography videos but there are no allegations or evidence that he ever touched anyone inappropriately. According to his psychological evaluation, the former teacher is not likely to reoffend.

Child Pornography
Child pornography is considered a violent crime and state and federal sentencing guidelines exist for distribution or possession of child pornography. Merely having child pornography in your possession can throw you in prison and require you to to register as a sex offender when you get out of prison. This can negatively affect your professional opportunities and personal and social relationships and alter the course of your life.

Under the General Laws of Massachusetts, Chapter 272: Section 29C, possession of child pornography consists of knowingly buying or having in your possession visual material showing a person under 18 engaged in sexual conduct.

Teacher guilty in child porn, Telegram, December 5, 2009
Ex-Mass. school gym teacher guilty of child porn, Boston Herald, December 5, 2009

Related Web Resources:
Chapter 272: Section 29C. Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment, The General Laws of Massachusetts
What is Child Pornography?, Missing Kids Continue reading

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Dr. John Mark Felton, a vice president of Acambis Inc., a Cambridge vaccine development company, is scheduled to be arraigned today. He is accused of traveling to Alaska to take part in a child sex ring.

Felton is accused of intending to have sex with a 6–year-old boy in a tryst that had been arranged by the minor’s father. Felton allegedly planned on dressing the boy in a Spider-Man costume. He also is accused of purchasing Hannah Montana toys for the 6-year-old’s 7-year-old sister and offering to babysit the children in between “sexual assaults.”

The Back Bay physician was arrested on November 16 in Anchorage at Ted Stevens International Airport. Felton is said to have informed police that he brought costumes for the boy.

Felton allegedly was supposed to meet “Bob” and his kids at the airport baggage carousel. Instead, he was greeted by ICE Senior Special Agent Kevin Laws.

The sexual crimes case against Felton is supposedly based on pages of online conversations that began in February 2008. On Wednesday, a federal grand charged the British national with attempted aggravated sex abuse. His arraignment was scheduled for this past Monday.

Arrest for any kind of sex crime is serious-especially if the alleged victim or intended one is under 14 years of age. Some sex crime convictions can lead to life in prison. Conviction for a Massachusetts sex crime also results in one’s name being placed on a list of registered sex offenders. This can seriously limit a person’s professional and personal opportunities even if he/she has already served time for a crime.

Massachusetts sexual crimes involving child victims include:
• Child sex abuse
• Forcible rape of a child • Indecent assault on a child under age 14 • Sexual assault • Assault with intent to rape a child • Child pornography-related charges • Solicitation of a minor using the Internet
• Statutory rape (the alleged victim is younger than 16)

Back Bay doc held in kid sex case, Boston Herald, November 23, 2009

elated Web Resource:
General Laws of Massachusetts
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